
Class , 
Book > fi ■' 



comodfr DEPo«r 



VIR(;iNMA UNDKR 11 II' STUAR I S 



VIRGINIA INDKR III E 
STL A R IS 

1M):-W.88 



RV 

riioM \.s ). w i:Rri-,NHAKi:K. rh.i). 



PRINCKTON nNlVKRSrrY PRKSS 
F'RINCKION 

l.UNUt)N HUMPHRKY MII.FORI) 
OXFORD UNIVKRSITY PRKSS 



Copyright, 1914, by 

PlIlNCBTON L'MVEkSITV PRISS 



Published February, I9U 




Dtdicattd 

to my mother 



PREFACE 

Durinj^ the |)nst tew decades a fVnxI of lijjht has l>ccn 
thrown u|x)n \'irj;inia colonial histon*. Many letters, rejiorts 
and i»tlK'r manuscripts have Ixren unearthed, and in some cases. 
I>rinted. Monoj^rnphs, editions of oM texts. le^'islative jour- 
nals have JKrcn ^iven to the public. Investigators have studied 
thonnij^lily statements and conclusions reiterated for centuries, 
and have proved them erroneous or mislea«Iin^j. What have 
lonjj been consi<lered the fundamental facts in the history of 
the establishment of the nation have licen attackc<l and over- 
thrown. The author, in the present volume, has attempted 
to rewrite the jjolitical histor)- of Vir^^inia from the found- 
ing of Jamestown to the luij^lish Revolution t)f i<).HK. in 
a ff)nn that will make these newly discmcrcd facts available 
to the j^eneral reader. 

I'or the iK'riod of the London Gmipany t)f Virginia great 
reliance has Ik'cii placed u|)«)n the works of Alexander Brown. 
Although not agreeing with all the views of this remarkable 
man, the author feels safe in presenting the main facts of 
early V^irginia history in accordance with his more imjxjr- 
tant conclusimis. The chapter i\\Mm Govenior Harvey is 
based almost entirely u|x>n the original corresi)ondence in the 
British Public Record Office in London. For the first admin- 
istration of Sir William Berkeley and for the Commonwealth 
pcriixl the author has Ik'cu com|>elle<l to fall back ufx^n the 
sources preserved in Virginia, notably llening's Statutes at 
Large. L'n fortunately the civil conte.st in England, the over- 
throw of the King, the hostility of the Virginia government 
to Parliament, the foreign wars of Oliver Cromwell brought 
aKnit almost a total cessation of official correspondence be- 
tween the colony and the mother count r>- during the years from 
1642 to 1660. Consequently there is a discouraging tiearth of 
material among the British records. 

Chapters V, \T. \TI and X'lII .irc Kiscd mainly ui)on origi- 



iial Idlers, jourtiaU. rc|H)rt.s aii<l entries preserved in lMii,'l.iiitl. 
(ircat stress is placed iiixm the causes of liacon's I<el>clli()ii. 
and the RelKlli«>n itself is treated in detail. The author relies, 
in his account of the excitinjj incidents of this sinj^ilar niove- 
nwnt, larj^'ely u|K)n the rei>ort an<l letters of the c<jniinissioners 
sent to \'ir^pnia hy Charles II to a-scertain the jjrievances of 
the |K'ople. He realizes, however, that much of their eviclcnce 
is preju«lice<l, and by no means .iccepts without question their 
every statement. 

The ixrriod from 1677 to i()HH is one of tlic most imi>ortam 
in Virginia histon-. Durinjj these years, in Virj^inia as well 
as in New ICnj;land, the fundamental li!)ertics of the people 
were threatened by the encro.ichments of the Crown, and were 
saved only l>y the heroic resistance of the House of Burgesses. 
Since these events have Ixxmi j^reatly nct^^lected by historians, 
and since abundant source material Ixrarinp u{)on them is 
found in the Public Record Oftice, the author has attempted 
to dcscril)c them in detail. 

Finally, it remains only for the author to express his 
appreciation of the kindness of those who have aided him in 
his work. He wi.shes especially to acknowle^ljje the assistance 
rendered by Professor Robert McX. McRlroy and Professor 
M. \V. Croll, of Princeton University: Profes.sor Richard 
Heath Habncy. of the University of Virginia; Dr. H. R. 
Mcllwainc, Virginia State Librarian : and the officers and 
attendants of the British Public Rccorcl OfFice. 



Tno.M.vs I. W'ektknbaker. 



Princeton. \. J. 
r)eceml)er 2, 191 3. 



( I »\ I I. V Ijs 

Prkfack vii 

\nnKKVIATIONS I'SED IN NoTI 

IIAITKR I — The I-'ouiulinj^ of Virpinia i 

L HAITKK II — '\')\r !• -f .MlJiriirllt of KcprcSCIltaliN «• r,..v- 

ernnuMil . -•<> 

t iiAPTKK in — The F-xpulsion of Sir John Harvey 60 

' n \iTi K I\' ( 'lovrni.ir I'rikrlcy atitl llic Coniiiionwfallli S; 

('■■■-■■ ^ ' ' lu-t- ... i'.acon's Kcl)cnion 11; 

< II Mil!; \i l.ar..n's Rcl>elIion 14') 

'IIAPTKK \'II— Tho Period of Con fusion . . . nj; 

Hai»tkk \TII — The Critical PerjcKl 22$ 

In X 261 



AHHKKVIATIONS USED IN NOTES 

Arb. Smith, U'orks of Caflain John Stnith, Kdward Arbcr. 

Scobcll, SiobfWs CoHf<lion of Acts and l)rdinances of Cemcral i'te. 

I'. R.. Thf hirst Hffttbltc i'm Amtrua, Alexander Brown. 

Gen., Thf iien<s\s of Iht United Stales. Alexander llrown. 

I'orce, Tracts and Other I'afers Helatimj to the Colonies in \orlh 

■ofnca, Peter Force. 

Nar. of Va.. Xarratifes of Early I'irginia, Lyon G. Tyler. 

Va. Car.. I'irginiti Carolorum. K. I). Ncill. 

Hen. The Statutes at Large. \V. W. Hcning. 

I'roceedinKS of Va. Co., Proceedings of the I'irgmut Comf-any of 

ndom. 

Cradle of Rep . The Cradle of the Hefublic, Lyon G. Tyler. 

Bnice, Inst. Hist.. Institutional History of I'irginia in the Seientfcnth 

■ ;iury, V. A. Hruce. 

liruce, Kc. Hist., liconomic History of I'irgini.t in the Srtenleenlh 
I fntury, T. ,\. Briice. 

Miller. The Legislature of the Province of I'irginia. M L Miller. 

I'. R. O , British I'uhlic Record Office. 

Stith. History of I'irginia. William Stith. 

OsR.. Ameritan Colonies in the Set-enleenlh Century, H. L OsRood. 

Neill. Va. Co.. History of the I'irginia Company of London. E. D. 
Ncill. 

Fiske, Old Va., Old I'irginia and her Neighbors. John Fiske. 

Burk, History of I'irginia. John Biirk. 

Va. Hist. Rcff.. I'irginia Historical Register. 

Beverley. History of I'irginia. Robert Beverley. 

Va. MaK. I'irginia Magazine of History and liiogrcif'hy. 

Wi.*e. The Early History of the Eastern Shore of I'irginia. J. C. Wise. 

Southern Lit. Mess.. Southern Literary Messenger. 

Campbell. History of I'irginia. Charles Campbell. 

McI).. McHonald Papers. Virginia State IJbrary. 

Jour. H. of B.. Journals of the Houje of Burgesses M.inuscript copies 
in the Virginia State Library. 

Justice in Virginia. Justice in Colonial FirgtMia. O. P. Chitwood. 

Sains., Sainsbury Papers. Virginia State Library. 

Mass. S. IV.. Massachusetts Historical Collections. Series IV\ 

T. M., The Beginning. Progress and Conclusion of Bacon's Rebellion. 

W. & M. (J . U'lihain and Mary (Juarterly. 

Inds' Pros.. Indians' Proceedings. 

Bac't Pros., Bacon's Proceedings. 

Ing's Pros., Ingram's Proceedings 

Cotton. Our Late Troubles in I'irgxnia. Mrs. .A. Cotton. 

V«. Vet.. Virginia I'etusla. K H Neill. 



CHAPTKR I 
The Foi nding of Virginia 

III I)cccml>cr, itiot), three little vessels — the Sarah Constant, 
the Pijioi'cry and the Coodspccd — set sail from ICn^^land 
iiiulcr Captain C"hrist«»j)her Xewi>ort, for the distant shores 
of V'irjjinia.* After a long and dangerous voyage across the 
Atlantic the fleet, on the sixth of May, 1607, ctrtercd the 
Lhesaix-ake Bay.'/^The adventurers s|)cnt several days ex- 
ploring this great Ixxly of water, landing |)artics to investigate 
tlie nature of the shores, and to visit the Indian tril)cs tliat 
inhabited them. They were delighted with the "faire mcd- 
<I->wcs. . . . full of flowers of divers kinds and ct>lours", and 
with the "goodly tall trees" of the forests with "Fresh-waters 
luiuiing" iK'twcen. hut they had instructions nt>t to settle near 
the c«>ast. lest they should fall victims to the Spaniards.' So 
they entered the broad mouth of a river which they called the 
James, and made their way cautiously up into the country. 
< >n the twenty-third of May they found a peninsula in the 
river, which afforded a convenient landing place and was 
easy to defend, l)oth from the Indians and the Spaniards. 
Hiis place they called Jamestown. Landing their men, they 
»ct immediately to work building houses and erecting fortifi- 
ations. Thus did the Knglish l)egin their first |>ermanenl 
^ctllement in the New World. 

The l)old band of adventurers that came thus ho|>efully 
into this l)eautiful and smiling c<iuntry little realize<l that 
l>efore them lay only dangers and misfortunes. Could they 
Save foreseen the terrible obstacles to founding a colony in 
this land, they woidd havi- li.^it .t.-d |)efore entering u!*^"' ''t- 
enterprise. 

Four things conspired ;.- .m...^ i.iisfortune and disasici ui^.i! 

•F R.. pp. ai, 22, *V K. p iy 

•Arb. Smith. Ixi-lxii. 

I 



2 VIRGINIA UNDER THE STUARTS 

\'irginia. 1 lie t«»rin of jjovernmciU prescribed by the Kiiij; 
ami the Company was unsiiile<l to the infant settlement, and 
its ilefccts kept the colonists for many months in lunnoil and 
tlisordcr. The Indians proved a constant source of danjjer, 
for tl»ey were tireless in cuttinjj ofT strajjjjlers, ambushing 
small parties and in destroying the cro|)s of the white men. 
I"amines came at frequent intervals to weaken the colonists 
and add to their misfortunes. But by far the most 
tcrrilile scourge was the *'sicknesse" that swe|)t over Vir- 
ginia year after year, leaving in its wake horrible sulTering 
and devastation. 

The charter thai laints I granted to tlie London Company 
served as a constitution for X'irginia. for it prescril)ed the 
form of government and made regulations that none could 
disregard. It provitle(l_for a Council, resident in England, to 
which was assigned the management at the colony and the 
suj)crvision of its government.* This Ixxly was apiK)inted by 
the King and was strictly answerable to him through the 
Privy Council for its every act.^ The imme<liate government 
of the coUmy was entrusted to a local Council, selected by the 
Council in England, and resixmsible to it. The Virginia 
Council exercised extraordinary i)owcrs. assuming all adminis- 
trative, legislative and judicial functions, and iK-ing in no 
way restrained by the wishes or demands of their fellow 
colonists." Although they were restricted by the charter and 
by the instructions of the Council in England, the isolation of 
the settlement and the turbulent spirit of the atlventurers made 
them reckless in enforcing their own will \\]xm the colonists. 
More than once they were guilty of un|>ardonable harshness 
aiul cruelty. 

The charter did not pnnide for the apiK)intment of a 
Covenior. The nominal leadership of the colony was en- 
trusted to a Presi<lcnt. chosen by the l<H:al C(nHicil from among 
its meml)ers. This «)lVicer had no duty distinct from that of 
the Councillors, other than to preside at their meetings and 
to cast a double or deciding vote in case of deadlock.^ He 

* G«ti.. p. 55. • Gen., p. 56 

•Gen., pp. 55, 70, 73. 'Gen., p. 77. 



THE FOUN'DING OF VIRGINIA j 

was to serve Urt one year am! if at any time his administration 
provctl unsatisfactory to his cnllca^'ucs. they c«»ul«l. hy a major- 
ity vote. (Ie|)ose him. In like manner, any l"»nmciIlor that had 
Ixrcomc obnoxious couM l)c exi)clled without s|)ecilic charjjes 
and without trial." These imwisc |)rovisions led naturally to 
dist>rdcr an<l strife, and addcil much to the misfortunes of the 
infant colony." 

The .selections for the Council were made some days before 
the fleet saile<l. InU the Com|)any. fearinp a conflict of author- 
ity durin^j: the voyajjc. thoug-ht it U-st tliat they .should l)e kq)t 
secret until the colonists had reached Virj^inia. The names 
of the a|)j)ointces were emUxJie*! in "several instruments" 
which were entrusted to the commanders of the vessels, with 
instructions that they shouM l)e oi)cned within twenty-four 
h«)urs after they had arrive<l otT the coast of America.*" L'\^n 
enterinjj the Giesai)eake Hay the adventurers read the i>a|)crs. 
and found that Christopher NewjKirt. the comman<ler of the 
fleet. K<lward Winj^ield. HartholonKW (iosnold, (ieorjje 
Kendall. John RatclifTe. John Martin and John Smith were 
those that had U^en chosen." 

After the landing the Council met. were sworn to office, and 
then elected Winj^fleld President.'- Captain John Smith, 
who ha«l l)een accused of mutiny during the voyape. was not 
allownl to take his seat, and was kept under restraint until the 
twentieth of June.*' 

Hardly had the foundinijf of Jamestown l)een ctTecte<l when 
the weakness of the constitution Ixjcame ap|)arent. The meet- 
ings of the Council were discordant and stonny. The mem- 

' Gen., p. 67 'Gen., pp. 342, 411. 

*Gcn. p. 7;. " Arb. Smith, p. 01. 

"* .Xrb. Smith, p. 01 

"/Nrh. Smith, p. 91; F. R.. pp -'7. JJ. Smith «lcnicd the justice of 
these charRes. "Now Captaine Smith, who all this time from their 
departure from the Canaries, was restrained as a pri.*oner. upon the 
•candAluul suKKrsiions of some of the chiefe (envymg his repute); wIki 
faincd he intrndrd to ursurpc the Rovernmcnt. murder the Councell. 
and make hinurlf king; that his confrdrrats were dispearsed in all 
the three ship*, and that divers of his confederats that revealed it. would 

irtifMi.- •( l'..r ll, . 1.^ „ ,. ...,.,..,. .,.1 •• \.\. <...., \ 



4 VIR(.l.,. . V ...... .ilK STUARTS 

Ikts were utterly inialilc to act with vigor aiul dclenninalion, 
or to ajjrec \\\n)n aiiy settled course of action in establishing 
the little colony. The President, l)ecause of the limitation 
of his |K)wers. could do nothinjj to restore hamiony or to 
enforce his own wishes and i)olicies. Confusion and niisniaji- 
aj^cinent resulted. In less than a month after the first landing 
the inefticiency of the i^'overiuuent had created such discontent 
that the colonists jKJtitioned the Council for redress.'* it 
was only the tact and nunlcration of Captain Newijort that 
apjwased the anj;er of the settlers and j>crsuaded them to 
suhmit to the decrees of the governinj^ IxKly.''' 

On the second of July, Newport, with his little tlcet. sailed 
for Knj,dand, leaving^ the ill-fated coloni.srts to their own 
resources.'" Xo swMier had he jjone than the spirit of discord 
reap|K*are<l. The quarrels within the Council l)ecame more 
violent than ever, and soon resulted in the comi)lctc disnip- 
tion of that Ixxly. Captain Kendall, who seems to have l)een 
active in fomcntinj^ ill feelinj^' amonj^' his colleaj^ucs. was the 
first to l)e exj)clled. I'ikmi the charj^'c of excitinj^ discord he 
was dci>rived of his seat and committed to prison.'^ 

As Cai»tain John Smith had, l>cfore the departure of New- 
port, Inrcn allowed to take his place in the Council, there were 
now five memlx*rs of that lK>dy. The numl)er was soon re- 
duced to four by the death of CajJtain Gosnold, who fell a 
victim to the sickne.ss.*" One would imagine that the Council, 
thus depleted, would have succeeded in governing the colony 
in ixrace, but the .settlers were given no respite from their 
wrangling and disputes. In Septcml)cr. RatclitTe. Smith and 
Martin entered into an agreement to dejx^.se President Wing- 
field and to oust him from the Council. Before they pro- 
ceeded against him, however, they pledged each other that the 
exfuilsions should then stop, and that no one of the three should 
l>e attacked by the other two. 

The Councillors then ap|>eared Inrfore Wingficld's tent with 
a warrant, "subscribed under their handes, to depose the 

".•\rb. Smith, liii. '* Arb. Smith, liv. 

T. R.. p. 39. "Arb. Smith, Ixxvii. 

"Arb. Smith, Ixxvi. 



THE FOUNDIN(. Of- VIKCWNI \ 5 

rrcMilcnt; saycinjc they lljou^:lu him very unworthy to be 
cythcr President i>r of the C'otinccll, ami therefore discharged 
him of Ix.th".'* They accused him of misappropriating; funds, 
(»f improjKrr division of the puhhc stores, of l)cinj^' an atheist, 
• f plotting: to desert Vir^'inia in the pinnace left at James- 
t >\vn hy Captain Ne\viH)rt. of comhininj^' with the Sjttniards 
for the destruction of the colony. Winjjfield. when he returned 
It) Knj,dand. made a vij^orous defense of his comhict. hut it is 
->w imiH^ssihle to determine whether or not he was justly 
-iccused. After his expulsion fmm office, he was summoned 
l)cfore the court by the remnant of the Council to answer these 
numerous charjjes. It mi^ht have k'wc hard with him. had 
he not demanded a hearing before the King. As his enemies 
feared to deny him this privilege, they closed the court, and 
committed him to prison on board the pinnace, where he 
was kept until means were at hand to send him to luigland.^o 

The removal of the President did not bring peace to the 
c(>lony. If we nuy believe the testimony of Wingfield. the 
triumvirate that now held sway niled the settlers with a harsh 
and odious tyranny. "Wear." he says, "this whipping, lawing. 
l>eating. and hanging, in Virginia, known in Kngland. I fear 
it would drive many well affected myndes from this honour- 
able action."=» One day RatclilTe. who had been chosen to 
succeed Wingfield. liecame embroiled with James Read, the 
smith. Read forgot the rcsi>ect due his superior, ami struck 
the new President. So heinous a crime was this affront to 
the dignity of the chief officer of the infant colony, that the 
smith was brought to trial, conncted and sentenced to be 
hanged. Rut he saved his life. ui>on the very eve of his execu- 
tion, by revealing tt) RatclilTe a plot against the government, 
headed, he declared, by Cajitain Kendall." Immeiliately 
Kendall, who had long In-en an object of suspicion, was tried 
' mutiny, found guilty and executed." 

In Decemlnrr. 1607. when the colony was suflFering severely 
for the want of food. Captain Smith led an exi)c<lition into the 

•Arh Smiih. Ixxix. -Artv Smith. Uxxi 

Arh Smith. iTxriv -Arb. Smith. Ixxxiv. 

"Arb Smitl 



6 V'lKCIM A INDI K IHI-. Ml AKTS 

territory of tlw Cliickahomiiiics in quest of corn.-* During' 
his al)scncc the President, despite the protests of Martin, 
achnitlrd Captain (ial)riel Archer to the Council.-" Archer, 
who seems tt> have Inren a hitter enemy of Smith, had no 
s<K»ner attained this place of |)o\ver. than he set to work to 
ruin the adventurous captain. "Hcinjj settled in his author- 
ity", he "soujjht to call Master Smythes lief in (juestion, 
and . . . indicte<l him u|Mm a Chapter in Leviticus for the 
death' of two men luuler his charj^e. that had been murdered 
l)y the Imlians. lie was to have had his trial u\xiu the very 
day of his return from his thrillinj^ adventures with the 
savaj^es. His conviction and immediate execution would 
doubtless have resulted, had not the proceeding's against him 
Iwen interrupted by tlie arrival of the I*'irst Sui)ply from I*'ng- 
land.-* Cajxtain Newix»rt. whose influence seems always to 
have U'en exerted in favor of mo<leration and hanuony, \^r- 
suadetl the CouiK'il to drop the charjjes aii^ainst Smith, to 
release him from restraint, and to restore him to his seat in 
the Council. 

Of extraordinar)' interest is the assertion of \Vint,'tield that 
the arrival of the fleet "prevented a Parliament, which ye 
ncwe Counsailour (Archer) intended thear to summon".'^ 
It is not sun>risinj' that the settlers, dispiistcd as they were 
with ihe violence and harshness of their rulers, should have 
wishe<l to share in the p>vernment. But we cannot but WiUider 
at their l)oldness in attcmptinjj to set aside the constitution 
f^'wcn them by the Kinj; and the Comi>any. Had they suc- 
ceeded in establishing direct j^overnment by the people, it 
couhl not l>e sup|)o^cd that James would have |>eniiitted it to 
continue. Hut the attempt is verv' significant, as indicatinjj 
that they were d<^sirous. even at this early date, of having a 
voice in the manajjement of affairs. 

Archer and the unfortunate Winpfiehl saileil with the fleet 
when Captain \ewi>ort returned to England, and a few 
months later Martin followed them.*" Since, with the First 

"Art). Smith. Ixxxv. * F. R.. p. 54. 

**.\rb. Smith. Ixxxvi. " Arb. Smith, Ixxxvi. 

■• F. R . p. 58. 



THK l(K MM.Nti ni- VIKUIM \ 7 

^uppiy hail ciudc a new Councillor, Matthew Smvcrur. ti»c 
^ovcruiii)^ Ixxly oiicc more numl»crc<l three. 

Durinj^ the suniimT of i(><>S Smith was ire<jueiitly away, 
hasin^j the phantom of the |>a.ss;i^e to the Soutli Sea, hut this 
lid n<»t prevent the usual cpiarrels. If we may lielicvc the 
u count in Smith's history, KatcIitTe was <lei)ose<l from the 
Presidency Ix-cause of *'j>ride and unreasonahle neetllcsse 
V ruelty" and f«»r wa>tinjj the puhlic stores.-* It is probahic 
that for some weeks Scrivener conduc1e<l the j^ovcrnment. 
while RatcIitTe was kept a prisoner.'" In September. Ca|Hain 
^mith, returning from a voyage in the Chcsa|K>akc Bay, "rc- 
icivetl the letters jKitents. and t(X)k ujxmi him the place of 
president"." 

Smith was now supreme in the government, for the Council 
was re<luce<l to two. and his Ctisiing v»>te ma<le his will sujwrior 
to that of Scrivener. But he was not long to enjoy this 
I»ower. In Octolier. iTioS. Captain New|)ort. arriving with 
• le Second Supply, brought with him tw<» "antient souldiers 
ami valient gentlemen" — Kichard Waldo and Peter Wynne — 
lH)th l)earing commissions as Councillors.'- S<x)n afterwanl 
KatclitTe was restored to his seat. The Council, thus recmited. 
isumed its control over the colony, "so that although Smith 
was Presiilcnt yet the Council had the authority, and ruled it 
as they listed"." 

Two months later, when N*cw|K>rt sailed again, RatclifTc 

retunie<l to Hngland. Smith wrote the luiglish C"<»u«icil. 

"Captaine RatcIitTe is ... a |HM>re countcrfeite«I Inijiosture. 

I have .sent you him home, least the c«>mi>any should cut his 

•iroat."'* The next spring Wahlo and Scrivener, with nine 

thers. were caught in a small l)oat u|)on the James by a 

mlent gale, and were drowned." As CajUain Wynne s<ion 

nccumlx^d to the sickness. Smith Iwcame the sole surviving 

ouncilliir.'* During the stunmer of 1600 the colony wa6 

'•verned, not. as the King and Company hafi tiesigne I ' • 7 

ouncil. but by the will of this one man. 

".\rl) Smith, pp. 114. 115. ".\rb. Smith, p 119 

■ .^rl) Smith, p. lai ; F. R., p. 61. " F. R. p 68; .\rb Smith 

•.Nrb Smith, p. 122. ".Xrh Smith., p. 444. 

■F R. 70 " F. R.. n. 



K \ >.x... >. X V .ilK STUART^ 

III the meanwhile the Loiuloii Coiupair. Incoming 

aware that a mistake had Ix'cn made in entrusting the gnvcm- 
nient of the colony to a Ixxly of Councillors. The rcjiorts of 
WingficM. Archer, New|H)rt ami RatclilTc made it evident 
tliat the lack of hamiony in the Council had l>ccn a serious 
hindrance to the success of the enterprise.'^ l-'eeling, there- 
fore, that this "error in the equality of the governors . . . 
had a little shaken so lender a Ixxly", the managers held an 
es|)ecial meeting to elTect a change."* A new charter was 
drawn up hy Sir h'dwin Sandys, approved hy the Company and 
assented to hy the King. 

In this document James rclin(|uishcd into the liands of the 
Company not only the direct management of the colony, but 
the i)ower of drawing up a new and more satisfactory sys- 
tem of goveniment. Acting under this authority, Sandys and 
his associates alx>lished the Council and entrusted the entire 
control of the colony to an all-iK)werful (iovernor. The dis- 
order that had so imi)edcd the success of the entcr]>rise was 
to l)c crushed under the iron hand of a despot. Doubtless 
Sandys would have attempted to establish representative gov- 
eniment at once in Virginia, had conditions favored so radical 
a change. lUit the colony was too young and feeble, and 
James could hardly l)e ex[)ccted to give his consent. Yei the 
many lilxrral memlwrs of the Company were deeply interested 
in Virginia and were detemiined, should a favorable oppor- 
tunity occur, to establish there an Assembly similar in char- 
acter to the Knglish Parliament. 

The granting of the new charter aroused extraordinary 
interest in the fortunes of the colony throughout Kngland 
anfl stimulated the Company to renewed eflforts.'" Thousands 
of [x)unds were contributed to defray the cxfKiises of another 
exiwdition, and hundreds of jKrrsons resjx.iulctl to the ap|>eals 
/or settlers. The first CK)vernor was a man of ability and 
distinction — Thomas Lord De la Warr. Sir Thomas (lates 
was made Lieutenant-Governor, George Summers. Admiral, 
and Ciptain 'Sv^"-'-r \ - <• \ ''"ir.il.*® Dc la Warr found it 

" F. R.. p. 7.V 1 R . p. 73. 

• F. R . p. 80. - 1-. R.. p. «4. 



THE I()l'M)IN(; OF VIKC.INI \ 

imi>»>>.sjl»lc l«) leave at uwcc to assume control ••! Iu."> j4<Acrii- 
tncnt, but the other otlioers, with nine vessels and no less than 
•ivc hundred ci>lonists, sailed in June. Kxk;.*' Unfortunately, 

11 crossinj^ the <iulf of Bahama, the fleet enctnmtere<l a 
terrific stonn. which scattered the vessels in all dircitions. 
When the tenijK-st al)atc<l. several of the shijjs reunited and 

'»ntinued on their way to Jamestown, but the Sea Adventure. 
uhich carried dates. Summers and Ncwix)rt. was wrecked 

:i)on an island in the liemuulas." As a result of this mis- 
lortune none of the leaders of the exjwdition reached X'irjjinia 
imlil May. 1610. ten numths Liter. 

The other vessels, with most of the settlers, arrived at 
Jamestown in Auj^ust. i(>o<>. The newcomers told ('ai>tain 
:^mith of the Company's new plan of j^ovemmcnt, and rc- 

uested him to relinquish the old commission. This the 
President refuse<l to do. All the official j)ai)ers relatinpj to 
the chani^e ha«l Ik'cu alH>anl the Sea Advculure. and he would 
tn)t rcsijjn until he had seen them.*' A lonj.j and heated con- 
troversy followe<l. but in the end Smith j.;^ained his |)oint.** 
It was afn"eed that until the arrival of the .SVa Adventure the 
colony should remain under the old charter, and that Smith 
should continue to act .is President until the twentieth of 
Sei>teml)er. when he was to relinquish the j^nernment to 
Cajjtain l-'rancis West.*'' 

This arrani^ement <lid not restore hannony. West felt 
ii^prieved that Ca|)tain Smith should insist \\\>o\\ continuing 
the old order of affairs despite the known wishes of the Com- 
pany, and took occasion to ignore and slij^ht his authority. 
This so anpere<l the President that he is said to have pIotte«l 
with the Indians to surprise and cut ofT a party of men that 
his rival was leadinp up the James. Before this could be 
accomplished, however. Smith met with a serious accident, 
which led to his imme<Iiate overthrow. "Sleepinjj in his 
Boate . . . accidentallie. one fired his |>owder-l«ig. which tore 
the flesh ... in a most pit li full manner: but to quench the 

" !•• R.. p 84. 

•Grn.. pp. ij^. ijjo. y\t\ 400; I > Stnth i. U\t, 

-KR. p. W. 

•Gen., pp. jji. jjj; F. R.. p. g8. 



lO \ 1 l\' .1 N I \ I N 1 MK 1 II I-. ."> 1 I .\|\ 1 

lomicntin)^ fire . . . he Icainrd over-board mto me <irciK: 
river, where ever they could rec«»ver him he was ncerc 
dro\vne<l.'"** Three fonner Councillors — Ratcliffe. Archer 
and Martin — who ha<l come t)ver with the new fleet, availed 
themselves of the helplessness of their old foe to ri<l the 
colony of his presence. Claiminj^. with some justice, that if 
Smitli onild retain his oflue under the old charter, they were 
by the same |)ower still memlK'rs of the Council, they held a 
meelinj^'. dei)osetl him from the Presidency and sent him hack 
to Knj^-land.*' Mavin^^ thus disix)sed of the troublesome Caj)- 
tain. they l<H)ked about them for some man suitable to head 
the colony until the arrival of Gates. Xcglectinj:: the claims 
of West, whom they probably considered too inexi^rienced 
for the place, they selected Captain Georg^e Percy.*** 

In the meanwhile, the crew and passengfers of the Sea Ad- 
venture were stranded in the Bermudas. \\\¥m what was called 
Devil's Island. Some of their numl)er were darinj^ enough to 
\enture out into the wean in the lonj^dioat. in an attempt to 
reach the colony, but they must have i>erished. for they were 
never heard from attain.*" The rest of the comi>any. seeinij 
no other way of escape, built two pinnaces and, in May. i6io, 
sailed away in them for Jamestown. .\ few days later, upon 
their arrival in Virj^inia. Gates received the old patent and 
the seal from the President and the perio<l of the first royal 
j^ovenunent in V'irj^inia came to an end.*" 

Rut the "faction brccdini^" government by the Council was 
by no means the only cause of trouble. P'ar more disastrous 
was the "sicknesse". When the first exi>e<lition saile<l for 
X'irj^inia. the Council in Knijland. solicitous for the welfare 
of the emigrants, commanded them to avoid, in the choice of 
a site for their town, all "low and moist places".** Well 
would it have lx;en f"- flu- (olonists had they olxiyeil these 

** Art). Smith, p. 484. 

" Ratcliffe wrote the Earl of Salisbury. "This man is sent home to 
answcrc some misdcmenors. whereof I perswade me he can «■••>'. -iv 
clear himself e from great imputation of blame." (Jen. p. 3.^4. 

-K R.. p. 108. T. R.. p 115. 

"I". R. p. 117. "Gen., p. 84. 



THK HH'NDINfi OF VIRGINIA 1 1 

instructions. Captain Smith says there was in fact op|)osition 
on the i>art of sonic of the leaders to the selection of the 
Jamestown |)cninsula. and it was amply justifietl by the event. 
The place was low and marshy ami extremely unhcalthfiil." 
In the summer months ^rcat swamis of mosquitoes arose 
from the sta^Miant \nx*U of water to attack the immigrants 
with a stinp more dea<ny than ihat nf the In<lian arrow or the 
S|>anish musket Uill. 

Scarcely three months had elapsed from the first landinjj 
when sickness and <leath ma<le their apjnrarance. The 
settlers, ignorant of the use uf Peruvian hark and other 
renwdies, were |K>werless to resist the j)rogress of the epi<lemic. 
Captain (icorge Percy descril>es in vivid ct>lors the sufferings 
oi the first terrible summer. "There were never Englishmen," 
he says, "left in a forreigii c<mntry in such miscrie as wee 
were in this new discouvered Virginia. Wee watche<I every 
three nights, lying on the bare-ground, what weather soever 
came: . . ■ which brought our men to l)ce most feeble 
wretches. ... If there were any conscience in men. it would 
make their harts to bleed to heare the pitiful! juumiurings and 
outcries of our sick men without reliefe, every night and day 
for the space of sixc wcckes; in tlic morning their Uniics he'mg 
trailed out of their cabincs like Dogges. to l)e buried."^' So 
deadly was the epidemic that when Captain NewiH)rt brought 
relief in January. if)oS. he found but tiiirty-eight of the 
colonists alive.*** 

Nor did the men that followed in the wake of the Sarah 
Constant, the Discovery and the Goodspccd fare l^etter. In 
the summer of 1608. the sickness reappeared and once more 
wrought hav(K: anxing the unhappy settlers. Captain Smith, 
who probably .saved his own life by his frequent exploring 
ex|>editiojis. on his return to Jame.stown in July. "foun<l the 
Last Supply al sicke".'"' In i^»rK). when the fleet of Stunmcrs 
an<l NcwiKirt reached \'irginia. the newcomers, many of whom 
were already in ill health, fell easy victims to malaria an<J 
dy.scnter)'. Smith declared that Inrfore the end of i(»io "not 

•Arh. Smith, p. S- "Arb Smiih. Ixxii 

T R.. p. 55- 



1. VIRGINIA UNDER THE STUARTS 

past sixtic men. \v«>mcii and children" were left of several 
Inindred that hut a few months l)cforc had saile<l away from 
riymouth."" Durinjj the short stay of (iovernor De la Warr 
one hundred and fifty, or more than half the settlers lost their 
lives." 

Various visitors to Virginia during the early years of the 
seventeenth century l)ear testimony to the ravages of this 
scourge. A Sjxaniard name<l Molina, writing in 1613, declared 
that one hundred and fifty out of every three hundred colonists 
dietl Iwfore Ixjing in X'irginia twelve months."** HcVrics, a 
Dutch trader to the colony, wrote. "During the months of 
June, July and August it is very unhealthy, then i)c<j|)le that 
have lately arrived from I''ngland. die. during these months, 
like cats and dogs, whence they call it the sickly .season. "*• 
This testimony is corrolx)rated hy (iovemor William Berkeley, 
who rejKjrted in 1671, "There is not now oft .seasoned hands 
(as we term them) that die now, whereas heretofore not one 
of five escaped the first year.""" 

In 1623 a certain Nathaniel Butler, in an attack upon the 
London Comi)any, called "The Unma-ske<l Face of our Col- 
ony in X'irginia", drew a vivid, though i)erhaps an exag- 
gerated picture of the unhealth fulness of the climate. "I 
fountl the j)lantations." he .said, "generally .seaterl ujx^n meer 
salt marshes, full of infectious l>">gs and muddy creeks and 
lakes, and thereby subjected to all those inconveniences and 
diseases which are so commonly found in the most unsound 
and most unhealthy parts of I*!ngland. where<:)f ever\- country 
and climate hath some." It was hy no means uncommon, he 
declared, to .see imtnigrants from England "Dying under 
hedges and in the woxis", and unless .something were done at 
once to arrest the frightful mortality \'irginia would shortly 
get the name of a slaughter house.*' 

The climate of eastern X'irginia. unhealth ful as it undoubt- 
edly was in the places where the first settlements were made, 

" M.iny of these, however, died of starvation or were k:IIcd by the 
Indians. Nar. of Va., p. 200. 
" Nar. of Va.. p. 21a. " Nar. of Va , p. 2x: Gen., p. 648. 

"Va. Car. "Hen., V'oL I; Gen., p. 499. 

* Proceedinffs of Va. ( '• 



THE lOUNDING OK VIKGINI \ 13 

cannot Ixr Maiucd for all llic epidemics that swept tlic colony. 
Much of the ill health of the iinniij;rants was <lue to unwhole- 
some conditions on Iwanl the shii>s which hrouj^ht them from 
I .nj^land. The vessels were usually crowded far Iwyon*! their 
real cajKicily with wretched men, women and children, and 
were foul lK'y«»nd descripti«>n."- Not infretiucntly great num- 
l>ers dieil at sea. One vessel is reinmed to have lost a htmdred 
• ind thirty |)crs<Mis out of a hundred arid eij^hty-fivc. On the 
shii>s that loft l-'nj^land in June. Ukx;. lK)th yello w fe ver and 
the London plague apinrared. doinj; fearful havoc, and makinj^ 
it necessary to throw ovcrl)oard from two of the vessels alone 
thirty-two unfortunate wretches. "' The diseases thus started, 
'ften spread after the settlers had rcache<l their new homes, 
itul under favorii^"^ ■•''•♦ions, dcvclo|>cd into terrible 
■ i>idemics.** 

Less deadly than tin- ■^nknessc". Init still g^rcatly to l>c 
!reade<l. was the hostility of the Indians.**"^ The natives, re- 
cent ful at the attempt of the white men to establish themselves 
;i their midst, proved a ct)nstant menace to the colony. Their 
MIK'rstitious awe of the strange newcomers, and their lack of 
< iTectivc \vea|K)ns alone prevented untirinj^ and open war. 
Jamestown was but a few days old when it was subjected to 
a violent assault by the savages. On the twentieth day of 
lay. iCoj. the colonists, while at work with<nit their anus in 
ic fields, were attacked by several hundred Indians. In wild 
iismay they rushe<l into the fort, while the saN-ages followed 
.It their heels. "They came up allmost into the flPort. shot 
through the tents, appeared in this Skinnishe (which lasted 
hott alxnit an h«nver) a ver\' valient iKMple." The gtms of the 
ships came t«) the aid of the Knglish an<l their thunders stnick 
ismay into the hearts of the savages. Vet they retire<l with- 
ut panic, taking with them their dead and wotmded. Four 
•i the Council, stantling in the fn^it ranks, were woun<lcd by 
ic natives, and President Wingfield. while fighting valientiv. 
had an arn>w shot through his l)eard, "yet scajicd hunc 

•(im. p. 4ftj. •Gen., p. jjQ. 

•• F. R.. p. g8. • Gen., p. 50J. 

• .\rh Smith. I.i. 



\'ik(;iM.\ I 



A tew ilavs aflcr this cvciil a j^ciitlcman nanic«I ( . 
runninjj into the fort with six arrows sticking in him, 
cniii}^'. "Ann. ami". He had wamlcrcti too far from the 
town, antl the IncUans, who were still prcAvlinj; near, shot him 
frnni amhiish. V.'\\^\n days later he (heel."' Thus at the very 
<uitscl. the luij^hsh learned the nature of the conflict which 
they must wa^c aj^iinst the hulians. In oi>en ti^ht the savaj^es. 
with their primitive weajxMis, were no match for them, but 
woe to any of their numl)er that strayefl far from the fort, 
or ventured into tiie lonjj j^rass of the mainland. So fre- 
<|uently were small parties cut otT, that it l>ecame unsafe f<»r 
the luij^lish to leave their .settlements except in bodies large 
enough to re|)el any attack."** 

The e])idemics and the wars with the Indians conspired to 
bring \\\xm the colony still another horrible scourge. The 
constant dread of attack in the fields and the almost universal 
sickness ma<Ie it imix»ssil)le for the settlers to raise crops suffi- 
cient for their needs. During the summer of 1607 there were 
at one time .scarce five able men at Jamestown, and these found 
it l)eyond their |Mnver even to nurse the sick and bury the 
dead. And in later years, when corn was planted in abundance, 
the stealthy savages often succeede<l in cutting it down l)efore 
it could l)e harvested. There can be no surprise then that 
famines came at frequent inter\als to add to the mi.sery of the 
ill-fated colonists. The most terrible of these visite<I Virginia 
in the winter of 1609-10. Smith's Historic gives a graphic 
account of the suffering during those fearful months. Those 
that csca|K'd starvation were |)reserved. it .says, "for the most 
part, by r(X)ts. herl)es. acornes. walnuts. I>erries. now and then 
a fish: they that had starch "in the.se extremities, made no .small 
use of it; yea. even the very .skinnes of our horses. Nay. so 
great was our famine, that a Salvage we slew and buried, the 
ixx)rer .sort took him up againc and eat him; and so did divers 
one another boyled and stewed with roots and herbs: And 
one amongst the re.st did kill his wife, powdered her. and 

had eaten part of ''••»• lw.f'..r,. ;. vv .^ \.■,^..^y,^,.■ f'..r vvl'i. l' »v— \« '< 

".\rb. Smith, li: 

•Force. Vol. III. Tr.nt I. jv 1,-; ( .tti . ;> j'>5. .;!>;. 45/'. 



THK FOUNDING OK VIRGINIA ■; 

cxccutcil. as hcc well «lcscrvc<l. . . . This was the litnc. which 
to this (lav \vc call the siarvin^j time; it were t<n) vile to say. 
ami scarce t») l>e lK'lieve<l. what we cn<lure<l."'"' 

The tuisery «>i the wretcluMl settlers in time «»f famine is 
vividly clescril)e(l in a letter written in 16^3 hy a ser\"ant to 
his parents. The i>eoj)le. he sai<l. cried out day an<l nif^ht. "Oh 
that they were in !•' upland without their limhs . . . thoujjh 
they l^KJ^cd from dfK)r to d(x)r". He declarc<l that he had 
eaten more at home in a day than was now allowe<l him in a 
week, and that his parents had often ^jiven more than his 
present day's allowance to a l>ejjjjar at the d<x)r. Unless the 
ship Sea rio'iCt-r came s<x)n, with sui>plies. his master's men 
would have hut half a |)enny loaf each a day for f<Kxl. an<l 
UM^dit l)e turned away to eat Kirk off the trees, or moulds off 
the fjround. "Oh." he said, "that you did see my <laily and 
hourly sij^jhs. groans, tears and thumi>s that I aff«»rd mine 
own l)reast. and rue and curse the time of my hirth and with 
hi>ly Joh I thouf^ht no head had l)cen ahle to hold so much 
water as hath and doth daily How from mine eyes."'" 

Thus was the immigrant to Virjjinia Inrsct on all sides with 
deadly perils. If he cscai>ed the pla^ie. the yellow fever and 
the scurvy durinjj his voyage across the Atlantic, he was more 
than apt to fall a victim to malaria or dysentery' after he 
reached his new home. V.vcn if he survived all these <lani;ers. 
he mij^ht i>erish miserahly of hunger, or \k hutchered hy the 
savage Iinlians. No wonder he cursed the country-, calling it 
"a miserie. a mine, a death, a hell"."' 

It is remark.-ihle that the enterprise, in the f.ace of these 
stui>endous difficulties, shotild ever have succeede<l. The 
explanation lies in the great enthusiasm of all Knglan«l for this 
attempt to exten<I the British domains to the sh<ires of the New 
World, and in the devotion of a few hrave spirits of the 
London Com|>any. who would not lie daunte<l hy repeatefl 
failures It mattered n«)t to them that thousands of [lounds 
were lost in the undertaking, that many hun<lreds of men 

•Force. V'c»l. III. Tract I. p. 17 >s; Gm . p|». jjo. yxt. 

401. 404. 456. 
" Va. Vet. ' Nar. 



.r 



16 VIRGINIA lM)Mv THK STl'AKT^ 

IKTislicil, the Knjjlish flag and the Kiiglish rcli^' ■ " • - -,"" 
a footlioUI u\K)U the American continent. 

Sir Thomas Ciates found the colony in a piiiahle conditi<Mi. 
The tomahawk of the Imhans, famine and i)cstilencc had 
wrouf^ht terrible havoc with the settlers. A mere handful of 
IH)or wretched men were left to welcome the newcomers and to 
\kx eaj;crly tn l>e taken away from the ill-fated country. The 
town "apiKjared rather as the ruins of some auntient fortifica- 
tion, then that any ih-oj)1c livinj^ mij^ht now in habit it: the 
pallisadu's he fouml t<»urne downc. the i)ortcs oi)cn, the gates 
from the hinges, the church ruined and unfrequented. . . . 
Only the block house . . . was the safetie of the remainder 
that lived : which yet could not have preserved them now many 
days longer from the watching, subtile, and offended 
Indians."^- 

Xor was it in the ix)Wor of (iates to remedy these conditions, 
for he had brought with him from Devil's Island but a limited 
supply of provisions. So. with great reluctance, the Lieu- 
tenant-Governor decided to abandon X'^irginia rather than sac- 
rifice his i)cople. As the colonists climbed alxjard the vessels 
which were to take them from the scene of their sufferings, 
they would have set fire to the town had not Gates prevented 
with his soldiers. He. himself, "was the last of them, when. 
al)out noon, giving a farewell with a j^eale of small shott, he set 
sayle, and that night, with the tide, fell down ... the 
river."'' 

Fiut it was not destined that this enterprise, which was of 
such imiK>rtance to the Knglish nation, should lie thus aban- 
doned. In .April. 1610. De la Warr, the Lord Govenior. had 
sailed for X'irginia with three vessels. al)out a hundred and 
fifty immigrants and supplies for the relief of the colony."* 
Reaching Cape Comfort June the sixteenth, he learned from a 
small party there of the intended desertion of Jamestown. 
Immediately he sent a pinnace up the river to meet Gates, 
advise him of his arrival and to order his return to the aban- 

"Gcn.. p. 405. 

"Trt-n.. p. 406: Force. Vol. III. Tract I. p. 18. 

" F. R . p. 1^7. 



THK I OUNDING OK VIRGINIA I7 

cioncd town. U|)on receiving these welcome tidings, (iales 
lK>rc "up the helm" for Jan>e,st<»wn. ami the same night 
landed all his men.^* Soon after, the (iovernor rea< '••• ' •»•'• 
town and took formal i>osscssion of the government 

De la Warr l»cgan his administration by listenni^' i" a 
semion from the gixnl i>a.stor. Mr. Buck. He then made an 
a<l<lress to the iwoplc, "laying some blames on them for many 
vanities and their idleness", and prrMnising. if (xcasion rc- 
quirc<l. to «lraw the swor<l of justice.'* 

The (iovernor was not unrestrained in his authority over 
the colonists, for he was to "rule, punish, jxirdone and gov- 
erne accj>rding to such directi«Mis" as were given him by the 
London Company. In case of rel)ellion or nuitiny he might 
put into execution martial law. In matters not covered by his 
instructions he was to "rule and govenie by his owne discre- 
tion or by such lawcs" as he should think fit to establish.'' 
The Council, which hati fonncrly Ixrcn aIl-iK>wcrful. was now 
but an advisory lx»<Iy, a()i)«iintcil by the (it>vernor and remov- 
able at his discretion. Do la Warr chose for his Council Sir 
Th<»mas dates. Sir (ieorge Somcrs. Captain (leorge Percy, 
Sir I''erdinando Weinman. Captain Christopher Ncw|H>rt and 
William Strachey, Fscjuire.''* 

I''orgctting their former quarrels and factions, the people 
united in a zealous efTort to .serve their noble Governor. 
"You might shortly Ixihold the idle and rcstic diseases of 
a divided multitude, by the unity and authority of the govern- 
ment to l)e sul)stantially cured. Those that knew not the way 
to goodnes Ik fore, but cherished singularity and faction, can 
now chaike out the path of all res|)cctive dutie and service."*" 

For a while jK-ace and prosjK*rity seemed to have come at 
last to the little colony. All set to work with a g<>o<l will to 
build comfortable houses and to repair the fort. The chapel 
was restored. The (iovernor furnished it with a communion 
table oi black walnut and with pews an<l p»ilpit of cetlar. The 
font was "hewn hollow like a canoa". "The church was so 

•F. R.. p. ij8; For Tract I, p. 19: Cm., p. 407. 

"On., p. 407 "Gen., p. J7» 

••K. R.. p. iji. "Force, Vol III, Tract I. p. ja 



IS VIK(.INI A rXDKk TMK STUARTS 

cast, as to Ikt very lij^'ht within and tlie Governor caused it 
to Ik* kept imssinj; sweet and trimmed up with chvcrs flowers." 
In tlie evcninj;, at tlie rinj^inj^ (»f the Ik-11. and at four in the 
afterniK)!!, each man a<ldressed himself to prayer."" "Kvery 
Sunday, when the l>)rd (iovernor went to Church he was 
accompanied with all the Councillors. Ca|)tains, other officers, 
and all the gentlemen, and with a j^uard of fifty Hall>erdiers in 
his Lordships Livery, fair re<l cloaks, on each side and l>ehind 
him. The Lonl (iovernor sat in the choir, in a j^reen velvet 
chair, with a velvet cushion Ix-fore him on which he knelt, 
and the (ouiuil, captains, and officers, on each side of 
him."*' 

But the misfortunes of the colony were far from lieinj^ at 
an en«l. The princi|)al causes of disaster had not yet Ixren 
removed. Before many weeks had passed the "sickly sea- 
son" came on. bring^injj the usual accompaniment of sutTering 
and death. "Not less than 150 of them died of jiestilent dis- 
eases, of callentures and feavors. within a few months after" 
Lord De la W'arr's arrival.''- So universal was the sickness 
amoii}^ the newcomers that all the work had to Ix* done by the 
old .settlers, "who by use weare j^rowcn practique in a hard 
way of livinj^e"."*^ 

The war with the Indians continued without alxitement. 
causinj^ constant alarm to the settlers and keepinjj them closely 
confined to their forts. At one time fourteen were treacher- 
ously massacred by the Queen of ApfK)mattox. The En.udish 
revenj^ed themselves by attacking the savages, burning their 
villages and destroying their crops, but they could not force 
them into friendly relations.''* 

Lord De la W'arr. himself, was assailed by a series of mala- 
dies, that came near costing him his life. "Pre.sently after 
my arrival in James Town." he wrote. "I was welcomc<l by a 
hot and violent Ague, which held mee a time. . . . That 
disease had not long left mee, till ... I l)egan to In? distem- 
jHTecl with other greevous sickness, which successively & sev- 

•F. R.. pp. 1^9. 130. " F. R.. p. 130. 

*F. R. p. 134. "F. R.. p. 134, 

"F. R.. pp. IJ5. 136. 



THK lOLNIM , . . . .i A 10 

erally assailc«l inc : lOr licsidcs a relapse inlo the former 
(lisea5e: . . . the IHux sur])riscti me. and kept me many 
(laics: then the cramp assauhetl my weak Ixxly. with strong 
|>aincs: & aftcrwanl ihc (iuiit afllicted mc in such M>rt, that 
making my Uxly throujjh wcakncssc unable to stirrc, . . . 
drew u|»on me the disease called Scur\y . . . till I was upon 
the jHjint to leave the worl<l."" Realizing that it would \k 
fatal f<^r him to remain longer in \*irginia. the Lord (lovernor 
set sail with Captain ArgoII for the West Indies, where, he 
ho|Hrd, he would rcc«»vcr his health.** As (iatcs ha«l left the 
colony some months Inrfore. the government fell into the ex- 
perienced hands of C'a|)tain (ieorge Percy. "^ 

In the meanwhile the London Com|)any. umlismaye<I by their 
fonner failures, were preiwring a new cxpe<lition. which they 
ho|)cd would establish the colony uix)n a firm ffxiting. Three 
hundred inunigrants. carefully selected from the Ixntcr class 
of working men. were assembled under the command of Sir 
Thomas Dale. and. on March the twenty-seventh. 1611. 
emlKirkc<l f(»r Virginia. U|)on the arrival of the fleet at 
Jamest<nvn. Dale received the letters patent from Captain 
Percy, and assumed command of tlie colony as Deputy for 
Lord De la Warr.'"' 

The new (iovernor seems to have |KTceive<l at once that the 
chief source of disaster had Inren the Ir>cation of the settlement 
upon the Jamestown peninsula. The small area which this 
place afforded for the planting of com. and the unhealthfulncfis 
of the climate renderetl it most undesirable as the site for a 
colony. Fonner Governors had refused to desert the penin- 
sula Inrcause of the ease with which it couhl l>c defende<l 
against the Indians. But Dale at once l>egan a search for 
a s|>ot which would afford all the sectirity of Jamestown, but 
l»e free fn»m its many disa<lvantagcs. This he succeetled in 
fimling up the river, some fifty miles fn^n Janiestown."* "I 
have ^irveye<l." he wrote, "a convenient strong, heallhie and 
sweet scate to plant the new townc in. from whence might be no 

Tirfv. "Cfcn.. p 4Ha 

"IK • F. R.. p. IJ7. 

"' • t: F. R. p. 150. 



THE FOUNDING OF VIRGINIA 21 

more rcniDVc of the |)rinci|>all Scale." This place, which he 
named Henrico, was l«>cate<l not far from the f)oint of junc- 
ture of the James and tlic Ap|Kimattox. at wlial is now called 
Farrar's Island. Here the river makes a sweeping? curve, 
fonninj^ a i)cninsula aUnit one sqiuire mile in extent. 

In Aupist, if)ii, Sir Thomas (iates, returning to assume 
the command of the colony, pushed vij^orousiy the work upon 
the new settlement.*" Dale was .sent up the river with no less 
than three humlred men, with directions to con.staict houses 
and fortifications. The .settlers, working with new life and 
vigor in the more wholesome air of the upj)er James. s<K)n 
rendered the place almost imprcgnahlc to atl.ick from the In- 
dians. They cut a ditch across the narrow neck of the i)cnin- 
sula. and fortified it with high jxili.sades. To prevent a sud<len 
raid by the savages in canoes from the other shore, five strong 
block houses were built at intervals along the river Ixank. 
liehind these defenses were erected a number of substantial 
houses, with foundations of brick and frame superstnictures. 
."^txMi a town of three streets had been completed, more commo- 
dious and far more healthful than Jamestown.®' 

When this work had l>ecn completed. Dale letl a force of 
men across to the .south bank of the river and t<x>k j)osses- 
sion of the entire peninsula lying l)ctween the Apix)mattox 
and the James. An Indian settlement just IktIow Turkey 
Island l)cnd was attacked and destroyed, and the savages driven 
away. The Knglish built a palisade over two miles long and 
reinforce<l at intervals with forts and blcKk houses, from the 
James at Henrico to the falls of the Appomattox. These forti- 
fications secured from the attacks of the savages "many miles 
'f champion and woodland", and made it possible for the 
I-.nglish to lay out in safety several new plantations or hun- 
Ireds. Dale named the place Remiuda. "by rca.son of the 
^trcngth of the situation". 

Here, for the first time, something like prosixrrity came to 
the colony. Although the "sicknessc" was not entirely elim- 
inated even at Henrico, the fxrrcentn^c of m.>rt.i!itv w.is crc.itly 

•Cm., p 4r.i 

* .Arh. Smith, pp yiQ. u... I" K, p. 157; (. r.i.||r ,1 Krp. j.. ijf.. 



22 VIRGINIA UNDER THE STUARTS 

rctlucctl. SiHMi there were in Xirj^inia several IuMi<Ire«l |>cr- 
sons that lia«l lived thnuif^h the fatal ni<nuhs <>f June, July 
and Auj^ust and were ihoroiijjhly "seasoiictl" or inuiuuie to 
the native disortlers. Not luuil ifuS, when the settlers, in 
their greed for land suitahle for the cultivation of tobacco, 
deserteil their homes on the uj)|)er James for the marshy j^round 
of the lower ctmntry. and new. unacclimatctl |Jcrsons lx*j;an 
arrivinjj in great nunilK'rs. did the jHrstilence again assume its 
former i)ri>ix)rtions. 

Thus protected from the ravages of disease and from the 
assaults of the savages. Dale's men were able to turn their 
attention tt) the cultivation of the soil. Soon they were pro 
<lucing an annual crop of com sutVicient to supply their more 
pressing neetls. And it was well for them that they could 
hecoiue. to some extent. in(le|)endent of ICngland. for the Lon- 
don Company, at last discouraged hy continued misfortune, 
was often remiss in sending supi)lics. Clothing Ijecame ex- 
ceetlingly scarce. Not only were the gaudy unifonus of De la 
Warr's time lacking, but many i)ersons were forced to imitate 
the savages by covering themselves with skins and furs."- The 
CiMupany. however, succeeded in obtaining for them from the 
King many suits of old anuor that were of great value in their 
wars with the savages. Coats of mail and steel that had l)e- 
come useless on the battlefields of luiro|)e and had for years 
been ni.sting in the Tower of London, were i)olished up and 
sent to Virginia. Thus. l)chind the palisades of Henrico or in 
the fort at Jamestown one might have seen at this time sol- 
diers encased in annor that had done service in the <lavs of 
Richard III and Henry \'II."' 

The London Company, when they sent Sir Thomas Gates to 
\'irginia with the letters jwtent of i6cx;. gave directi(Mis that 
the utmost .severity should be used in putting an end to lawless- 
ness and confusion, (iatcs. who had fought against the Span- 
iards in the Netherlands and had the soldier's dislike of 
insulx)rdination. was well suited to carr\' their wishes into 
effect. No sooner had he arrived from Devil's Island in 1610 
than he fxistcd in the church at Jamestown certain laws, orders 

"E. R., p. 2j6. "• W .. .-• 



THK I OINIMNG OK Vlk(ilNI ^ 3^ 

and inslriKlions which he warned the |>cj)pl». :..^. ....;sl olicy 
strictly."* 'I'hcse laws were exceedingly severe. It was, for 
instance, ordered that "ever>' man an<l woman <laly twice a 
day u|)on the first towhn)^ of the Hell shall ii|>on the working 
daies rejwire into the Church, ta hear divine Service u|>i>n pain 
of losinj^ his or her dayes allowance for tlic first omission, for 
the second to Ixr whipt. and for the third to \k condemned to 
the dallies for six Months", .\pain. it was decreet! that "no 
man shall j;ivc any disjjracefiill words, or commit any act to the 
di.sjjrace of any i>erson . . . njxMi painc of Ijeinj^ tied head 
and fectc together, uikmi the ^juard evcrie nij^hl for the space 
of «)nc mi>neth. . . . No man shall dare to kill, or destroy 
any IJuII. Cow. Calfe. Mare, Horse. Colt, Goate. Swine. Cocke. 
Henne. Chicken. I^>j;pe. Turkie, or any tame Caltel. or 
poultry, of what condition soever. . . . without leave from 
the (iencrnll. \\\xm jKiine of death. . . . There shall no man 
or woman . . . tlarc to wash any unclean linnen . . . within 
the PaIliza<loes. . . . nor rench. and make clean, any kettle, 
pot or (>an . . . within twenty f(H»te of the oldc well . . . 
ui>on pain of whippinj^.""'* 

Durinp the a<lministration of (iatcs and De la W'arr these 
laws seem not to have l)eeti enforce vij^onnisly. hut were 
utilize*! chiefly in terrorcmV Un<ler Dale and .\r^o|l. how- 
ever, not only were they put into merciless ofwration. hut were 
reinforced with a series of martial laws, drawn from the ctxlc 
in use amonp the armies of the Netherlands. 

The Divine. M<iral and Martial Laws, as they were called. 
umlouUedly hroujjht alxnit pxxl or<ler in the colony, and 
aided in the estahlishmcnt of pros|)erity. hut they were ill 
suited for the j^ncrnmcnt of free-lx>rn F.n^lishmen. 'I'hey 
were in o|)en violation of the rii^hts j^iaranteed to the settlers 
in their charters. an<l caused hitter discontent and resentment. 

At limes they were eii forced with o<lious harshness and 
injustic^. Molina declared that the Governors were most 
cruel in their treatment of the ixropje, often usinjj them like 

"F. R. p ij6; Gen., pp. 34J. US, $a8, 529: Force. Vol. IM. Tract 11. 

" Force. Vol. III. Tract II. pp. 9-10 * Brucr. Injt. Hi»t. Vol I, p. 474. 



24 VIRGINIA UNDKR THE STUARTS 

slaves."' I'he N'ir^inia Assembly of 1624 gives a vivid, though 
inrrhaps an exaj^^jjeraled. picture of tlic severity of the jjovern- 
nient. "The Colony . . . remained in great want and misery 
under most severe and Cnicll lawes sent over in j)rinte," they 
saiti, "and contrar)' to the express Letter of the Kingc in his 
most gracious Charter, and as mcrcylessly executed, often 
times withinit tryall or Judgment." Many of the ()co|)le fled 
"for relicfe to the Savage luiemy. who Ixring taken againe 
were putt t») sundry deathes as by lianginge. shooting and 
l)rcaking ui)iH)n the whcele and others were forced by famine 
to filch for their JH-llies. of whom one for steelinge of 2 or 3 
pints of oatmeale iiad a l)odkin thrust through his tounge 
and was tye<l with a chain to a tree untill he starved, if a 
man through his sickncs had not l>een able to workc. he had 
noc allowance at all. and soe consequently i^erished. Many 
through these extremities, I>eing weary of life, digged holes in 
the earth and there hidd themselves till they famished.""" In 
161J. several men attempted to steal "a barge and a shallop and 
therein to adventure their lives for their native country. l)cing 
discovered and prevented, were shot to death, hanged and 
broken uikmi the wheel"."" There was some criticism in Kng- 
land of the harshness of the laws, but Sir Thomas Smith, then 
the guiding spirit of the London Company, declared that they 
were l)eneticial and necessary, "in some cases lui tcrrorum. 
and in others to be truly executed".'"" 

As time passed and the population of the colony increased, 
it Ixrcame necessary to extend Ijeyond the confines of James- 
town an<l Henrico. The cultivation of tobacco, which was 
rapidly l)ecoming the leading pursuit of the [Kople. required 
more ground than was comprised within the fortified dis- 
tricts. Even the expansion of the settlement upon the upi>er 
James to other i)eninsulas along the "Curls of the River" could 
not satisfy the demand for arable land. .\t one time the 
very streets of Jamestown were planted with tobacco."" Soon 
the people. desj)ite their dread of the .savages, were deserting 
their palisades, and sprca.hng out in search of fertile soil. 

" Gen., p. 648. * Nar. of Va.. pp. 42a, 423. 

"F. R.. pp. 148. 172. "•Gen., pp. 5J«). 530. 

"• Bruce, Kc. Hist., Vol. I. p. 222 



i 1 1 I-, 11 H .M M .>ti « M- \ I IV' il M \ 



This rccklcsstuss broujjht upon the colony a renewal of the 
disastrous cpidcnucs of the carhcr j)erio<l, and cxposetl the 
planters to inunincut dauf^'er from the savaj^cs. Fortunately, 
however, at this very time the lonj; sought i>cace with the 
Indians was hn>UK'lit aUuil hy the romantic marriage of P«xa- 
hontas. the dauf^ditcr of the iK)werfuI chief Powhatan, with 
Captain John Rolfe. 

In the sprinjj of 1613 Sir Samuel Arpt)ll, while cruisinjj in 
the KapiKihaiuiock in (piest of corn, leanie<l from the natives 
that the princess was visiting? Jajwzaws, a neijfhlxDrinfj king, 
at his village ui^n the Potomac. Argoll at once resolved 
to capture the daujjhter of the greatest enemy of the white 
men, and to hold her until all the tools and weajwns 
stolen by the Indians had lK.*en rctunicd.'"' Hastening into 
the country' of the Potomacs. he di-manded the mai<l of Japa- 
zaws. The king, fcarinjj the hostility of the Knjjiish more 
than the anjjcr of P«)whatan. consented, althoujjh with jjreat 
reluctance, and she was placed alK>ard Arj^oll's ship. 

The news of the capture of his favorite child fille<l 
Powhatan with raftje and pricf. Imploring' Argoll to do 
Pocahontas no harm, he promised to yield to all his demands 
and to become the lasting friend of the white men.'*** He 
liberated seven captives and sent with them "three pieces, one 
broad Axe. and a long whi[>-saw. and one canow of Come".'** 
Knowing that these <lid not constitute all the t(x>Is in the hands 
of the king, the F.nglish refusetl to relinquish Pocahontas, but 
kept her a prisoner at Jamestown.'" 

The young princess was treated with consideration and 
kindness by (lovcrnor Dale. Her gentle nature, her intelli- 
gence and her l)eauty won the resjxx-t and love of the steniest 
of her captors. Dale him.self undcrt<x>k to direct her educa- 
tion, "I was moved." he exclaimed, "by her desire to be 
taught and instructed in the knowledge of ChxI. her capable- 
ness oi understanding, her aptness and willingness to receive 
any good impression. ... I causetl her to l>e carefully in- 
structetl in the Christian religion, who. after she had made 

"•Ctcn.. p. 642. "•Gen., p. fvij. 

- ( ;rn . pp (<4i. 644, ■• Nar. of Va„ p. jo& 



vik(;i.\i A I 



some i;o«kI i)r()jjrc.ss therein, renounce*! publicly lier Country's 
idolatry; oiK-nly confessed her Christian faith; ami was, as 
she desired, haptizcd."'"* 

iicfore many months had passed the charm of this dauj^hter 
of the American forest had inspired a deep love in the breast 
of CajXain John Rolfe. This worthy j^entleman. after struj^- 
j^linj^ l«»nj^ aj^ainst a passion so stranj^e and unusual, wrote 
Dale askinj^ |)crmission to wed the j)rincess. I am not ignor- 
ant, he said "of the inconvenience which may . . . arise . . . 
tt) be in love with one whose education hath bin rude, her 
manners barbarous, her j^cneration accursed".'"' But I am led 
to take this stej), "for the j^<xk1 of the plantation, for the 
honour of our countrie. for the glory of (itxl, for my owne 
salvation, and for the Cf)nvcrting to the true knowledge of 
(lod and Jesus Christ, an unbcleeving creature, like Pokahun- 
tas. To whom my heartie and iK-st thoughts are, and have 
a long time bin so intangied. and inthralled in so intri- 
cate a laborinth. that I was awearied to unwiiide myselfe 
thereout."'"" 

Dale, overjoyed at this opi)ortunity to secure the friendship 
of the Indians, consented readily to the marriage. Powhatan, 
t(K). when he learned of his daughter's atTectit)n for Caj)tain 
Rolfe. e.xpres.sed his approval of the union, and sent Apachisco, 
an uncle of the bride, and two of her brothers to represent 
him at the ceremony. 

Both Knglish and Indians regarded this wedding as a Ixmd 
of friendship between the two races. Apachi.sco, acting as 
deputy for P«»whatan. concluded with Govcnior Dale a j)eace 
which lasted eight years and was fairly well kept by Ixith 
parties.'"" "Besides this." wrote Captain Ralph Ilamor. "we 
l)ecame in league with our ne.xt neighlx:>rs. the Chicahamanias. 
a lustie and daring i^ople. free of themselves. These i)eo|)le, 
as soone as they heard <tf our j)eace with Powhatan, sent two 
messengers with presents to Sir Thomas Dale antl otTere<l . . . 
their service.""" Thus was one of the greatest menaces to 

■*.\rb. Smith, p. 512. *" N'ar. of V.i.. p. 241. 

•* Nar. of Va.. pp. 240, 241. *" F. R.. p. J05 ; Arb. Smith, p 514. 

••• Arh. Smith, p. 515. 



THE FOUNDING OF VIRGINIA zj 

the i)rns|>crity of the colony rciiu»vc<l. Now the settlers could 
cultivate the soil, or hum ami fish without fear of the treacher- 
ous savaj^'e. ami leave their cattle to ranjje in coniiwrativc 
safety. Jt>hn Rolfc himself wrote. "The s^xx^^X hiessinjjs of 
CumI have followe<l this jK'ace. an<l it. next to him. hath hrctid 
our pleiitie — everie man sitting un<lcr his fi^ tree in safety. 
I^therinj; and reaping; the fruits of their labors with much 
joy an<l comfort.""* 

In 1616 Sir Thomas Dale, who had Inrcn in command of 
the colony since the departure of dates in i^H4, returned to 
Kn^land. leaving; the j^oveniment in the hamis of Cafitain 
(ieorije Veardley. Despite the harshness and crtielty of Dale 
an<l (.Jatcs. they must Ik.* cre<lited with ohlaininj^ the final 
success of the colony. These two stern .soldiers of the Dutch 
wars had found the settlers «lispiritcd. reduced in numl>ers, 
fijjhtinj; a losing hattle aijainst |)cstilcncc. starvation an«l the 
savages. By their rij;i<l discipline and ahic leadership they 
had brought unity and prosiK-rity. had tauj^ht the i>cople how 
to resist the sickness, and had secured a lonjj iwace with the 
Imlians."^ Dale left alxuit three hundred and fifty persons 
in Virginia, most of them thoroughly acclimated and busily 
enjjage<l in huildinj^ up prosixrrily for the colony. 

Tobacco was already Ixrcomini; the staple pr«Kluct of \*ir- 
jjinia. As early as i^)ij Captain Rolte ha<l l)ecn experimenting 
with the native leaf, in an effort to make it suitable for the 
Knjjlish market."' In 1613 he sent a fxirt of his crop to Lon- 
don, where it was tested by ex|)erts and pron<nmce<l to Ixr of 
excellent cpiality."* The colonists were j^reatly encouraj^eil 
at the success of the venture, for the price of t«>bacco was high, 
an<l its culture atTorded op|)ortunities for a rich return. Soon 
every fx-rson that could secure a little jxitch of jjround was 
dcv(>tinp himself eafjerly to the cultivation of the plant. It 
even l)ccame necessary for Dale to issue an order that each 
man sliould "set two acres of jn'"""^' with com", lest the 
new craze should lead to the neglect of the foo«| supply."* In 

'" F R.. p. ij6. " V. R . pi> ^.*o. jj6. 

'" Hriicf . Ec. Hist.. Vol. I 

"•F. R.. p 1^7: Bruce. \x. Usst. Vol. I. p. 217. 
•"F. R. p. u»\ Gen., p 7»J 



-8 VIRGIN! \ V U THK STL v.>i ■ 

1017 //««• Gi'orgc sailed for I'Lnj(Iand laden with 20.000 
I»unds of tobacco, whicli found a ready market at five shil- 
linj^'s and three jx^nce a ixiund. John Kolfe's discovery was 
ojK'iiinj^ for X'irj^inia a veritable j^t^ld mine. 

I'ortunately the Kinj^, in \(>\2, had j^ranted the Company an 
e.\em|)tion for seven years from custom duties ujKjn j^«x)ds 
brouj^ht from the colony. So, for a while, at least, the Crown 
could not appropriate to its own use the jirofits from the 
Virj^inia tobacco. Since, however, the exemption had only a 
few years more to run, the Company hastened to secure what 
immediate returns were available. They took from the plant- 
ers the entire crop, j^ivinj^ them for it three jx^nce i>er jKjund, 
while they themselves were able to obtain a nuich larger 
price from the I''nglish dealers. 

The pnjfits thus secured were at once utilized in new meas- 
ures for increasing and strenj^^thening the colony. En- 
couraged by the discover)' in X'irginia of so profitable a 
commodity, the Comj)any l)ecame convinced that now at last 
success was at hand. "Broadsides" were sent out to the 
British i>eople. depicting in glowing temis the advantages of 
the country, and asking for immigrants and for financial sujv 
port. Once more a wave of enthusiasm for the enterprise 
swept over England. Money was contributed liberally. The 
clerg}', interested in the spread of the Anglican Church, and 
in the conversion of the savages, worked ardently for the 
success of the colony. Soon vessel after vessel was l>eing 
fitted out for the voyage across the Atlantic, and hundreds of 
arti.sans and lal)orers were |)rcparing to risk their all in the 
Ww World."" 

"• i--. R.. p. -fOQ. 



« II \n i.k II 

The LSTABLlSIIMtNT 1)1 KurKriSKNTATIVK (loVKHNMKNT 

Kinp James I, from the Iwjjinninp of his rcif^n. was (lecply 
desirous of plaiuinj: the KiiKlisii nation ui»n the shores of 
the New Workl. It was with envy and alarm that he wit- 
nessed the extension of the |)»»wer of Spain and of the Roman 
Catholic church across the Atlantic, while his own suhjects 
were excluded from a share in the splendid prize. He must 
have i>erceived clearly that if the I-'nj^lish wishe<l to maintain 
their jx^sition as a ^rcat naval and mercantile i>eople, the cs- 
tablishinjj of colonies in America was iminrrative. Pcai. 
Mexico and the West Indies added preatly to the wealth and 
I>ower of the Spanish Kinj;: why should Knjjland not attemjit 
to jjain a foothold near these countries, Inrfore it l)ecamc 
too late? 

Rut James had no desire to arouse the hostility of Philip III. 
Despite relipious dilTcrcnces. despite the hatred of the Kn^lish 
for the Spaniards, he had reversed the i>olicy of F.liza!)eth l)y 
cultivatinj; the friendship of these herc<litary enemies. And 
so wetl«le<l was he to this desij^n. that later, when his son-in-law. 
I'Vctlerick of the Palatinate, was l)einj^ overAvhelmed by a 
coalition of Catholic nations, he refuse<l to atTront Spain by 
cominp to his rescue. Vet he knew that Philip considered 
America his own, and would resent any attempt of the Knjj- 
lish to establish colonies on its shores. So the crafty James 
rcsolvc<I to dispiiise the founding of a royal colony under the 
puisc of a private venture.' If the Spaniards compIaine<I of 
the occujwtion of their territor)-. he could free himself from 
blame h)' placinj» the resfK>nsibility upon the Lon<lon Com- 
p;»ny. "It it take not success." his advi.sors told the Kinp. 
"it is done by their owne heddes. It is but the attempt of 
private pentlemen, the State sutlers noe losse, ntxr tlisreputa- 
• F. K . p (^. 



VIRGINIA UNI>K 



IV M\ I 



lion. If it lakes success, they are your subjects, they doe it 
for your service, they will lay all at your Majesty's feet and 
interess ycuir Majesty therein."* 

James was (juite lilnrral in j^rantinj^ charters to those that 
had undertaken the settlement, and he encourajj^ed them as 
much as was consistent with his friendship for Spain. It was 
truly written of him after his death. "Amonj^st the . . . 
workes «)f the late Kin^^e. there was none more eminent, than 
his pracinus inclination ... to advance and sett forward a 
New Plantation in the New World. "^ That he was deeply 
interested in the undertaking^ is shown most strikingly by his 
consent to the establishment of the Puritans in America. James 
hated the tenets of Calvin from the dei)ths of his soul, and 
could have no desire to sec them infect the I-lnjjlish settlements 
in .America, yet his solicitmle for the welfare of the colony 
induced him to yield to the re{(uest of the Pilj^rims for i>er- 
mission to settle there. How much j^reater was his foresight 
than that of L<»uis XIV'. who. by refusing to allow the i)erse- 
cuted Huguenots to settle in any part of his domains, deprived 
the I-rench colonies «)f what might have l)een their most numer- 
ous and valuable recruits! W'hen some of the leading men of 
the London Comi)any pleaded with James for the Puritans, 
the King lent a ready ear. He was asked to allow them 
"lil)erty of conscience under his . . . protection in America; 
where they w<nild endeavour the advanceiuent of his Majesty's 
dominions, and the enlargement of the interests of the (iosjwl". 
James replied that it was "a good and honest motion". He 
refused to tolerate them by public authority and would not 
confirm under the broa<l seal their |x?tition for leave to worship 
as they chose, Init he let it Ik.* understood that they were not 
to l)e molestctl in their new homes in any way.* .And in this 
promise they finally decided to put their tni.st. feeling that "if 
afterwards there should l)e a pur[x)se or desire to wrong them, 
though they had a scale as broad as ye hou.se flore. it would 
not serve ye turn; for ther would l>e means a new found to 
recall or reverse it".'' 

* F. K, p. 76. •ficn, p. 10J7. 

•F. R.. p. i65. 'F. R.. p. 271. 



REPRKSKNTATIVE GOVERNMI N ! ji 

But the cliicf izh>Ty «>f the establislinicnt el the Miijih.^li in 
America must l>e j^iven t<> the iwlriotic ami jierscverinjj men 
t)f the N'ir^inia C'cunpauy. It is erroneous and unjust to 
accuse them of mean ami mercenary motives in foundiii}; and 
maintaining; the c<»lony at Janurstown. Some of them. |)cr- 
haps. were dazzle<l with visions of a rich harvest of jjold and 
silver, hut most must have realize<l that there was small chance 
of remuneration. Many were merchants an<l husiness men of 
jjreat foresij^ht and ahility. and it is quite evident that they 
were fully aware of the risks of the uiulertakinj; in which they 
ventured their money. What they <litl hojic to jjain from the 
colony was the propagation of the Knj^lish Church, the exten- 
sion of the I'jij^lish nation an<l its institutions, and the increase 
of British trade. 

Over and over aj^ain it was asserted that the first ohject of 
the enteri>rise was to sprca<l the Christian relij^ion. In 1610 
the London Com|)any declared it their csi)ecial purjiose "to 
preach and l)a|)tizc . . . and hy propagation of the Ciosj^ll. 
to recover out of the annes of the Divell. a numl)er of ixx>re 
and miseraNe soules. wrapt up unto death, in almost invincihie 
ignorance".'* The first draft of the N'irpinia charter of 1606 
declared that the lea<linjj motive of this "nohle work", was 
"the planting; of Christianity aniontjst heathens".' The charter 
of i(>o<^ asserted that the "principle ctTect, which we can desire 
or cxi)ect of this action, is the conversion and re<liK:ti«>n of 
the iK'ople in those parts unto the true worship of (mkI".* 

That they were al.so actuated hy a desire to extend the 
British jjossessions and trade is attested hy numerous (Khtu- 
ments and letters. The Comjwny declare<l it their puriK>se 
to promote the "honor and safety of the Kin.i;<lonie. the 
strenjjth of our Navy, the visible hoj>e of a jjreat and rich 
trade".* One of the leading shareholders wrote that the col- 
ony should \k upheld for "ye Honor and protiit to our Nation, 
to make provinciall tt) us a land ready to supply us with all 

•Cfcu., |>. .UQ ' ! R.. p 6. 

*Gcn. p. jy». Compare i .-'•i. J6|J, J64, ji. 24^. Sii; Ccti. 

pp. 49. 146. 
•F. R., p.80. 



i2 VIK(.I\1.\ INDKK THK STlAkTS 

necessary ctJiniiKxlylyes wanting to us: In which alone \vc 
sulTer ye Spanish reputation and jMJWcr to swell over us."'" 
The colonists themselves declarec! that one of the objects of the 
settlement of America was the extension of British territc»ry 
and the cnrichinj^' of the kingdom, "for which res|)ccls many 
noble and well minded i)ersons were induced to adventure 
j^'reat sums of money to tlie advancement of so pious and noble 
a workc"." 

The Company, in fact, did no more than take the lead in the 
work. It was really the luiglish nation that had decided to 
second their Kinj^ in j^aininj^f a f<X)thold in America, and it 
was they that insisted that this foothold should not l>e relin- 
(juishcd. Ajj^ain and again the London Company apj)caled 
to the i)eople for sui)i>ort, and never without success, for all 
classes of Englishmen felt that they were interested in this 
new venture. The spirit of the nation is reflected in the 
statement of the Council for Virginia in 1610, that the Com- 
I)any "are so farre from yielding or giving way to any hin- 
drance or imiK-achment . . . that many . . . have given 
their hands and subscribed to contribute againe and againe to 
new supplies if need rcc|uire*'.'' 

Hut although James I and his people were agreed as to the 
necessity of extending the English nation to America, they 
were not in accord in regard to the form of government which 
should be established there. The King, who was always 
restive under the restraint placed upon him by the English 
Parliament, had no desire to see the lil^eral institutions of the 
mother country transplanted to V'irginia. He wishe<l. l)eyond 
doui)t. to build a colonial empire wliich should be dei>endent 
u[x)n himself for its government and which should add to the 
royal revenues. In this way he would augment the ixiwer 
of the Crown and render it less subject to the restraint of 
Parliament. Rut to found colonies that would .set up little 
as>^emblics of their own to resist an<l thwart him. was not 
at all his intention. 

On the other hand, many of the leading spirits of the Lon- 

*• F. R.. p. 40. " Gen., p. 50. 

"<icn.. p. 355. 



KKPRIuSKNTATI VK (.« .%. k n M in. U 

(ii)ti c nm|>;iny ho|)c<l "to cstal>lish a more free f^wwumivui in 
V'irjjinia"." Some, iwrhaps. icarcil that the hlwrtics of the 
Knj^hsh jM^ople mij;ht Ik: suppressed by the Kinjf, and they 
Iooke<l liojK' fully to this new laiul as a havcu for the oppressed, 
"Many wortliy Patriots, Lords. Kuijjhts, gentlemen. Mer- 
chants and others . . . laid hold on . . . Virginia as a 
providence cast Inrfore them."'* In the meetings of the Com- 
j>any were gatherc«l so many that were "most distaste*! with 
the prtHTcedings of the Court, and stfxxl Ixrst affected to Re- 
ligion and Liberty", that James l>egan to look upon the Ixxly 
as a "Seminary for a seditious Parliament".'* 

The leader of these liberals was Sir Edwin Sandys. This 
man, who was witlely known as an uncompromising enemy of 
desix)tism. was heartily detested by the King.'* In his youth 
he had gone to Geneva to study the refomie<l religion and 
while there had l)ccome most favorably impressed with the 
republican institutions of the little Swiss state. He was after- 
wards heard to say that "he thought that if (i«Hl from heaven 
did constitute and direct a forme of govcniment on Karth 
it was that of Cicneva".'^ Returning to Knglaiid. he had en- 
tered Parliament, where he had l)ccomc known as an eminent 
advocate of lilxrral principles. Me had contended for the 
abolition of a>mmercial monopolies; had demantled that all 
accused jjcrsons be given the assistance of counsel: had de- 
nounced many of the unjust imjx^sitions of the Crown; had 
raised "his voice for the toleration of those with whom he 
did not wholly agree" ; and had aided in drawing up the re- 
monstrance .igainst the conduct of James towards his first 
Parliament.'" 

But Sandys and his friends were not without opposition in 
the London Comi>any. Many of the "adventurers", as the 
stockholders were calleil. were by no means willing to permit 
the lil)eral parly to utilize the Company as an instrument for 
propagmting their jwlitical tenets. The great struggle be- 
tween the forces of progress and reaction that was convulsing 

- F. R.. p. 5S«. - F. R, p. 85. 

" F R . p. ij7. - F. R . VI. 

"F R. p. .?5i -F R. p 7^ 



34 VIK(.IM.\ INDKk THE STUARTS 

rarliaiiKMit ami the iiaiinu. was fc»u^;hl over a^ain in the 
Quarter Courts. At times the meetings resounded witli the 
«|uarrcls t»t the contending' factions. ICventually, however, 
Sandys was victorious, and rci)rc>entative goveniment in 
America was assured. 

Sandys seems to have plannc*! to secure from the Kinj^ suc- 
cessive charters each more hlnrral tlian its predecessor, and 
each entrusting more fully the control of the colony to the 
ComjKiny. This could l)c done without arousing' the suspicions 
of James under the pretext that they were necessary for the 
success of the enterprise. When at lenj^th sufticient i)ower 
had been delcJ^^'Ued. Sandys desij.;ned to establish in Vir- 
j.jinia a representative as.sembly. modelled u|M)n the British 
Parliament. 

Under the |)rovisions of the charter of \(ic/) V\r^'\n\:i had 
l)cen. in all but fomi. a royal colony. The Kinp had drawn 
up the constitution, had api>ointed the Council in ICnjj^land. and 
had controlled their jx)licies. This charter had granted no 
semblance of self-j;«)vernment to the settlers. Hut it was de- 
clared "They siiall have and enjoy all the lil>crties. franchises, 
and immunities ... to all intents and puqx^ses. as if they had 
l)cen abidinej and l)orn. within . . . this realm of Kngland".*" 
This promise was not kept by the Kini^s of Rnijland. Several 
of the |)rovisions of the charter it.self were not consistent with 
it. In later years it was disrej^arded aj^ain and ajjain by the 
royal commissions and instructions. \'cl it was of the utmost 
imiH)rtance. for it set a goal which the C(^lonists were deter- 
mined to attain. Throup^hout the entire colonial i)erio<l they 
contended for all the rij^hts of native Englishmen, and it was 
the denial of their claim that caused them to revolt from the 
mother country' and make good their indeiiendence. Provi- 
sion had also l)een made for trial by jury. James had decreed 
that in all cases the Council should sit as a court, but in matters 
of "tumults. rel)ellion. conspiracies, mutiny, and .seditions . . . 
iniirther. manslaughter", and other crimes punishable with 
<leath. guilt or inn^Kence was to l)e determined by a jury of 
twelve. To what extent tlie Council made use of the jury 

"Cicil., pp. (lO, f>t. 



KKI'KICSKNTATIVK (.OVKKNMKNT 35 

system it is ini|M>ssil)lc to say, hm WingficUl stales that on 
one (Kcasion he was tried Ijcforc a jury for slander, and 
hncd £300.'° 

The second charter ha<l l)een jp-antcd in iTior;. This docu- 
ment is of preat imix»rtance liccausc through it the Kin^ re- 
^ij^ned the actual ct»ntr«»I of the colony into the hands of the 
\'ir^inia Comjwny. And altlum^h this di«l not result immc- 
thatcly in the estahlishment of representative K<»venuncnt. it 
>tren^jlhencd the hands of Sandys an<I ma«le it |K>ssiI)le for him 
to carry out his desijjns at a future <latc. L'n<ler this charter 
the C'om|>any mij^ht have set up lil)cral institutions at once in 
X'irjjinia. hut conditions were n«)t r'i\K, cither in Mn^jland or 
in America, for s<» r.idical a chan>^e. 

In \(iiJ the third charter had Ixren j^rantcd. This had still 
further strcnj;thened the Company and made them more indc- 
fKMident of the Kinj^. It jjavc them the im|)ortant privilejje of 
holdinjj jjreat quarterly meetings or assemblies, where all 
matters relating to the government of the colony couhl \k 
MjKMily discusse<l. Still N'irj^inia remained under the autcKratic 
rule of Dale an<l (iates. 

In 161 7 or lOiS. however, when the liU'rals were in full 
control of the Company, it was decided t«» j^rant the colonists 
the privilege of a parliament.'-* In April. i(uH, Lord I)c la 
Warr sailed for \*irpinia to reassume active control of affairs 
there, brinj^njj with him instructions to establish a new form 
of jjovernment. What this jjovernment was to have l)cen 
is not known, but it was desij^ned by Sir Edwin Sandys, and 
beyond doubt, was lilxrral in fonn.^^ Possibly it was a dupli- 
cate of that established the next year by Ciovemor Yeardley. 
Most unfortunately. I^>r<l De la Warr. whose health had Inren 
shattered by his first visit t<> X'irj^inia. died durinjj the v«>yape 
across the Atlantic, and it l)ecame necessary to continue the 
old constitution until the Com|>any cmild ap|M^int a successor.'* 

In \oveml)er. ifjiS. ricorf^e N'eanlley was chosen Clovenior- 
Cieiteral of \'ir>;inia. an<l was intrusle«l with several dtKruments 
In- whose auth<»rity he w.is to establish representative j;ovcm- 

• ArK Smith. IxxxlU. " F. R.. p. a66. 

■I •■ "F. R . pp. j8i. jfti. 



JO VIRGINIA UNDKR THE STUARTS 

iiiciil in the colony.-* llicse pajHrrs, which l>ccamc known as 
the \ irj^inia Maj^iia Charta, were the ver)' corner-stone of 
lilnrrty in the colony and in all America. Their inii)ortancc 
can hardly Ih? cxajj^eratcd, for they instituted the first repre- 
sentative assenihly of tlie New World, and established a gov- 
ernment which proved a Iniiwark against royal j)rcrogative 
for a century and a half. 

Governor Vcardley sailed from I'lngland January, 1619, and 
reached Virginia on the -.'9th of April. After some weeks of 
preparation, he issued a general j)roclamation setting in oj)era- 
tion the Company's orders. It was decreed, "that all those 
who were resident here before the departure of Sir Thomas 
Dale should be freed and accpiittcd from such publique services 
and labors which formerly they sufTered, and that those cruel 
laws by which we had so long l)een governed were now abro- 
gated, and that now we were to be governed by those free 
laws which his Majesty's subjects live under in Englandc. . . . 
And that they might have a hand in the governing of them- 
selves, it was granted that a General Assembly should l3e held 
yearly once, whereat were to be present the Governor and 
Counsell, with two Burgesses from each plantation freely to be 
elected by the inhabitants thereof; this Assembly to have power 
to make and ordaine whatsoever lawes and orders should by 
them l)e thought good and i)r<>ftittablc f<^>r our subsistence."-"' 

The e.xact date of the election for Burgesses is not known. ^* 
The statement that the representatives were to be "chosen by 
the inhal)itants" seems to indicate that the franchise was at 
once given to all male adults, or at least to all freemen. "All 
principall officers in Virginia were to be chosen by ye ballot- 
ing lx)x." From the very -first there were parties, and it is 
possible that the factions of the London Company were re- 
flected at the polls in the early elections. The Magna Charta 
made provision for the establishment of lx)roughs. which were 
to serve l)oth as units for local government and as electoral di.s- 
tricts. No attempt was matje to .secure absolute uniformitv of 
population in the lx>roughs. but there were no glaring inequali- 

T. R.. p. 203. "I". R.. p. 312. 

"F. R. p. 315. 



kKPRF»SKNTATIVK GOVERNMI NT 37 

lies. With the rcj^^ird for the practical which has always l>een 
cliaractcristic of KiiKlishmcn, the Company seized iifKMi the 
existing units, such as towns, plantations and hun<lre<ls. as the 
basis of their lx)rouj;hs. In some cases several of these units 
were merged to form one boroujjh. in others, a plantation or a 
town or a hundred as it stcxxl constitute*! a !K)rouKh. As there 
were eleven of these districts and as each district chose two 
lUirjjesses. the first General Assembly was to contain twenty- 
two representatives." 

The Assembly convened at Jamestown. Auj^ust Qth. 1619. 
"The most convenient place we could finde to sitt in." says the 
minutes, "was the Quire of the Churche Where Sir (ieorpe 
Vcardley. the Governor, l)cinj^ sett down in his accustomed 
place, those of the Counsel of Instate sate ncxte him on l)oth 
hands exceptc onely the Secretary then apix)inted Speaker, who 
.ite rijjht l)etore him. John Twine, the clerk of the General 
Assembly. Ikmuj^ |)laced ncxte the Si)eakcr. and Thomas Piersc. 
the Serjeant, standing at the barrc. to l)e ready for any service 
the Assembly shoulde comand him. But forasmuche as men's 
atTaires doc little prosjHrr where God's service is nejjlectetl. all 
the Burgesses tookc their places in the Quire till a prayer was 
aid by Mr. Bucke, the Minister. . . . Prayer being 
t ndcd, . . . all the Burgesses were intreattcd to retyre thcm- 
flves into the bo<ly of the Churche, which Iwing done, before 
they were fully admitted, they were called in order and by 
name, and so ever>- man tooke the oathe of Supremacy and 
entereil the Assembly."-" 

The IxMly at once claimed and made good its right to exclude 
I'urgcsses who they thought were not entitled to seats. The 
."^IK'aker himself raised an objection to admitting the represen- 
tatives of Warde's plantation, iK'cause that settlement had 
!>een made without a commi.ssion from the London Company. 
I'ut Captain W'arde promised to secure a patent as soon as 
l»*>ssible. and the objection was waived. The Assembly re- 
fused al)solutely, however, to .seat the Burges.ses from Martin's 
Ihm<lre<l. Captain Martin had l)een one of the first Council 
for \'irginia. and as a reward for his long services had been 

" Nar o{ Va . pp. 249. 250. * N*ar. of V«.. p. 3$t. 



>S Vlk(;iNI.\ I'NDKR THK STIAUTS 

^,'rantcil privilcj^c^ ihat rciulcrctl him almost indeiHriKlcnt of 
the government at Jamestown. He was summoned l)cforc 
the Assembly and re(|iicsted to relinquish these extraordinary 
rij^hts, but he refused to do so. "I hold my patent." he said, 
"for my service don, which noe ncwe or late comer can meritt 
or challenge."-" So the Assembly, feeling that it would l)e 
mockery to iKjnnit the Burgesses from Martin's Hundred to 
assist in the making of laws which their own constituents, 
Ixxausc of tiieir esj>ecial charter, might with impunity disolxry, 
refused to admit them.^" 

The legislative jxnvers granted the Virginia Assembly in 
the Magna Charta, and continued with slight alterations after 
the revocation of the charter of the London Company, were 
very extensive. The Assembly could pass laws dealing with a 
vast variety of matters apjxrrtaining to the safety and welfare 
of the colony. Statutes were enacted in the session of 1619 
touching ujwn Indian affairs, the Church, land patents, the 
relations of servants and landlords, the planting of croi>s. gen- 
eral morality in \'irginia. the price of tol)acco. foreign trade, 
etc. The collected laws of the entire colonial i)erio<l fill many 
volumes, and cover a vast variety of subjects. But there were 
three things which limited strictly the Assembly's tield of 
action. They must j)ass no statutes contravening first, the 
laws of England; secondly, the charters; thirdly, the instruc- 
tions sent them by the London Company. When the colony 
passed into the hands of the King, all statutes were forbidden 
that conflicted with the charters, or with the instructions of the 
Crown. These restrictions lasted during the entire colonial 
period, but tiicy were not always carefully regarded. The 
Comi>any. and later the King, retained two ways of nullifying 
legislation which was unauthorized, or was distasteful to them. 
I*'irst. there was the veto of the Governor. As the guardian 
of the interests of I-'ngland and his monarch, this officer could 
bliK-k all legislation. Secondly, the Company, and later the 
King, could veto laws even though the Governor had consented 
to them. 

■K. R. p. 3«7. 

■ Nar. of Va , pp. 252. 2Si, 254, 355. 260, 261. 



kKPRIuSKNTATIVE GOVHKNMKNT 39 

But the most im|>ortant ptnvcr exercised by tm- .\ssi:inbly 
was its ct)iitrol over taxation in \'irj;inia. In the very first 
session it made use of this privilege l>y orderinj;, "That every 
man an<l manservant of al)«»ve i^) years of aj^e shall jwy into 
the handcs and C*nsl<Hly of the Hiir^;c«ises t»f ever)- Incoriwra- 
tion and plantation one |x)und of the IksI Tobacco"." The 
funds thus raised were utihzed for the payment of the officers 
of the Assembly. 

The levy by the |k)1I. here used, was continued for many 
years, and l)ecamc the cliief supiK)rt of the Ko^'c»""'"cnt. As 
tlie colony ^J^cw, however, and the need for jjreater revenues 
was felt, customs duties and other fonns of taxation were 
res(»rted to. I-arjje sunis were raised by an export duty ufxin 
tobacco. At times tarilTs were placed ujvmi the imiK)rtati«>n of 
li<iu«)rs. slaves an»i other articles. Hut these duties had to 
l»e used with j^rcat care, for the carryinjj of the colony was 
done chiefly by l-'n^lish merchants, and Parliament would jwr- 
mit nothing detrimental to their interests. 

The .\ssembiy claime<l the exclusive rij^ht to levy tjeneral 
taxes. The (iovcrnor and Council time and .i^riin tried to wrest 
this privilejjc from them, but never with success.'* The Bur- 
ge.'ises, realizing that their hold uixm the exche(|uer was the 
chief source of their ix)wer. were most careful never to relin- 
quish it. From time to time the Governors soujj^ht to evade 
this restraint by Icvyinjj taxes under the piiise of fees. But 
this exi)edient invariably excited intense irritation, and yielded 
a revenue so small that most Governors thought it l>est to 
avoid it entirely. Of more imi)ortance were the quit-rents, a 
tax on laml. |>aid to the Kinj; by all freeholders. But this was 
frequently avoide<l. an<l, except at rare intervals, the funds 
raised by it were left in \'ir^inia to \k exi)en<led for local 
purjjoses. The greatest blow to the |M)wer «>f tlic Burpesses 
was struck by the Kinj; in if>So. when he force<l throujjh the 
A.ssenihly a law grantini: t.. tin- .'..vrrntnent a ixrrjietual income 

■ Nar. of Va.. p. 276. 

"In l6ftj ihc .Xtscmhly k'-''^ '^'' i'"rr t.. the (ii^vcrmir and Council 
for thrct ycart to levy a small tax by the poll. The county taxes (or 
defraying Uical cxpen»e«, were at»c»»cd and collected by the <n«ri. r^ .W 
the peace. The vetirie* controlled the raiting of the parish dti> 



40 VIR(;iNl A INDKK THK STUARTS 

from the cxiKjrt duly on tobacco. This rcvcimc, although not 
larpc. was usually sufticicnt to pay the Governor's salary, and 
thus to render him less deiHjntlcnt wpou the Assembly. Finally, 
it must not \k forj^otten that the ICnj^lish j^ovcrnmcnt, althouj^h 
it refrained from taxing,' the colony directly, imijosed an enor- 
mous indirect tax by means of a tarilT ui>on tobacco broupht 
into Kni,dand. These duties were collected in Knj^land. but 
there can l)e no doubt that the incidence of the tax rested 
partly u\y>u the Virginia j)lanters. Despite these various duties, 
all levied without its consent, the .Assembly exercised a very 
real control over taxation in Virj^inia, and used it as an effec- 
tive wea[>on against the encroachments of the Governors. 

I*Vom the very first the General Assembly showed itself an 
energetic and determined champion of the rights of the people. 
Time and again it braved the anger of the Governor and of 
the King himself, rather than yield the slightest part of its 
|)rivilegcs. During the decade preceding the Knglish Revolu- 
tion only the heroic resistance of this Ixxly .saved the lil>eral 
institutions of the colony from destruction at the hands of 
Charles II and James II. 

The General Assembly was not only a legislative Ixxly. it 
was also a court of justice, and for many years served as the 
highest tribunal of the colony. The judicial function was 
entrusted to a joint committee from the two houses, whose 
recommendations were usually accepted without question. 
Since this committee invariably contained more Burgesses than 
Councillors, the supreme court was practically controlled by 
the representatives of the people. During the reign of Charles 
II. however, the Assembly was deprived of this function by 
royal proclamation, and the judiciary- fell almost entirely into 
the hands of the fiovernor and Council. 

The (ieneral Assembly consisted of two chaml)crs — the 
House of Burgesses and the Council. In the early sessions the 
houses sat together and probably voted as one Ixxly." Later, 
however, they were divided and voted separately. The Bur- 
gesses, as time went on, gradually increased in numl)ers until 
they became a large l)ody, but the Council was always small. 

" Miller, p. 4t. 



RKPRESRNTATIVE GOVERNMENT 41 

The C*«)iincillf>rs were royal ap|K>intccs. Hut since tlic King 
couM n<»l always knt»w iK.Tsi»naIly the prominent men of the 
colony, he hahitnally confinneil without question the nomina- 
tions of the (lovernor. The mcml>cr.s of the Council were 
usually i)ersons of wealth, intluence and aliiliiy. As they were 
subject to removal by the King and invariably held one or more 
lucrative governmental ofTices, it was customary for them to 
display great senility to the wishes of his Majesty or of the 
(Governor. It was very unusual for them to opjxjsc in the As- 
sembly any measure recommended by the King, or in accord 
with his expresse<l wishes. Although the Councillors were, 
with rare cxce|)lions. natives of N'irginia, they were in no 
sense re|>resentaiivc of the jwoplc of the colony. 

As the up|>cr house of the Assembly, the Council exercised 
a i)»)werful intluence u|H)n legislation. After the separation of 
the chaml)ers their consent l)ccamc necessary for the passage 
of all bills, even money bills. Their legislative influence de- 
clined during the eighteenth century, however, l)ecausc of the 
growing spirit of lilwralism in Virginia, and the increasing size 
of the House of Burgesses. 

The executive ix)wcrs entrusted to the Council were also of 
verv' great imiK)rtance. The Governor was compelled by his 
instructions to secure its assistance an»l consent in the most 
im|K)rtant matters. And since the chief executive was always 
a native of Kngland. and often entirely ignorant of conditions 
in the col(Miy. he was constantly force<l to rely \.\\x)n the advice 
of his Council. This tendency was made more pronounced by 
the frequent changes of Governors that marked the last cpjarter 
of the seventeenth centur)'. So habitually did the Council 
exercise certain functions, not legally within their jurisdiction, 
that they liegan to claim them as theirs by right. And the 
Governor was comiK'lled to rcsixrct these claims as scrupulously 
as the King of Rngland respects the conventions that he<lgc 
in and limit his authority. 

Before the end of the seventeenth century the Council had 
acquired extraordinary influence in the govenmient. With 
the right to initiate and to bItK-k legislation, with almost com- 
plete control over the judiciary, with great influence in admin- 



4J \IK(.IM\ I M>I-.K I HI. SIIAKI 

i>trativi- matters, it threatened to l)ecmiie an <>li;;arihy <>i 
almost unlimited jH)wer. 

Mill it must tiot l)e supix»sed that the inlluencc of the Council 
rendered im|K)tent the Kinj^'s (iovcrnor. (ireat i)o\vers were 
lo«lj;ed in the hands of this otlicer by his various instructions 
and commissions. He was commander of the militia, was the 
head of the colonial church, he ai)i)ointcd most of the officers, 
attended to foreign affairs, and put the laws into execution. His 
inllucnce, however, resulted chiefly from the fact that he was 
the rci)rcsentative of the Kinj^. In the days of Charles I, in 
the Restoration Period and under James II, when the Stuarts 
were combating; liberal institutions, both in Knj^land and in the 
colonies, the (Jovernor exercised a powerful and dangerous 
control over affairs in Virjjinia. But after the luip^lish Revo- 
lution his |K)wer declined. As the people of luij.jland no longer 
dreaded a m(»narch whose authority now rested solely upon 
acts of Parliament, so the Virj^nnians ceased to fear his 
viceroy. 

The powers ofTicially vested in the (Governor were by no 
means solely executive. He frequently made recommendations 
to the Assembly, either in his own name or the name of the 
Kinjj, and these recommendations at times assumed the nature 
of commands. If the Burgesses were reluctant to ol)ey. he 
had numerous weapons at hand with which to intimidate them 
and whip them into line. Unscrupulous use of the patronai^^e 
and threats of the King's dire displeasure were frequently 
resortefl to. The Governor presided over the upj^er house, and 
voted there as any other memlwr. Moreover, he could veto 
all bills, even tho.sc ujv^n which he had voted in the affirma- 
tive in the Council. Thus he had a large influence in shaping the 
laws of the colony, and an absolute power to block all 
legislation. 

Such, in outline, was the government originated for \'ir- 
ginia by the lil)eral leaders of the London Company, and put 
into operation by Sir George Veardley. It lasted, with the 
short intennissicMi of the Commonwealth Period, for more 
than one hundred and fifty years, and under it Virginia lx?camc 
the most populous and wealthy of the I-'nglish colonies in 
America. 



KKI'RI^l.M AIIVK (,<)\ KKNMINT 4J 

The successful cultivation of tolacco in Virf^inia, as wc 
have seen. \nn new life into the discourajjed I-<jn<l<>n Company. 
The shareholders, feelinj; that now at last the colony would 
prow and pros|KT. exerte<l themselves to the utmost to secure 
desirahle settlers and to cijuip them i)ro|)erly. S<x)n fleets of 
considcrahle size were leaving; the I'.n^jlish iK)rts for America, 
their decks and cabins crowded with emi^jranls an<l their holds 
laden with clothing, arms and farming; implements.'* During 
the months from March 1620 to March 162 1 ten shijw sailed, 
carr>inj; no less than 105 1 persons." In the year ending 
March. 1622, seventeen ships reached V^irjjinia, bringing over 
fifteen hundred new settlers."* And this stream continued 
without abatement until 1OJ4. when disasters in Virginia, 
quarrels among the shareholders and the hostility of the King 
brought discouragement to the Company. In all. there reached 
the colony from N*ovcml)er, 161 9. to February, 1625, nearly 
five thousand men, women and children.'^ 

Although t<»bacc«> culture was the only entcrpri.sc of the 
colony which had yiciilcd a profit, it was not the design of 
Sandys and his friends that that plant should monopolize the 
energies of the .settlers. They hoiked to make Virginia an 
industrial community, capable of furnishing the mother coun- 
try with various manufactured articles, then imported from 
foreign countries. Esf^ecially anxious were they to render 
England indei)endent in their supply of pig iron. Ore having 
been discovered a few miles alxnc Henrico on the James, a 
furnace was erecte<l there and more than a hundred skilled 
workmen brought over from England to [nit it into ofXTration. 
Before the works could l)c completed, however, they were 
utterly demolished by the savages, the machinery thrown into 
the river, all the workmen slaughtered.'" and the only return 
the ComfKiny obiaine«l f«>r an outlay of thou.sands of pounds 
was a shovel, a pair of tongs and one Ixir of iron.'* I'-fforts 
were made later to rejxiir the havoc wrought by the Indians 
and to reestablish the works, but they came to nothing. Not 

-F R.. p. 37<S. -I- R. p. 41.V 

■K. R. p 4^ ' V. R.. p 61.1. 

■Brucr. Ec. HUt.. \oi n, ;.p ji.^. ^4,^ 



44 VIRGINIA UNDER THE STUARTS 

until the time of (iovernor Sik)IswockI were iron furnaces 
ofwratetl in Vir^nia, anil even then tiie industry met with 
a scant measure of success. 

The Company also made an earnest cfTort to promote the 
manufacture of j^lass in Virj^inia. This industry was threat- 
ened with extinction in l*ji^dand as a result of the j^real inroads 
that had lK*en made u|><)n the timljcr available for fuel, and 
it was thouj^ht that Xirj^'inia. with its inexhaustible forests, 
offered an excellent ()i)|x>rtunity for its rehabilitation. But 
liere too tliey were disapjjointed. The sand of Virj^inia proved 
unsuitable for the manufacture of glass. The skilled Italian 
artisans sent over to put the works into oi)eration were in- 
tractal)le and mutinous. After trying in various ways to dis- 
courage the enter])rise, .so that they could return to Europe, 
these men brought matters to a close by cracking the furnace 
with a crowbar. George Sandys, in anger, declared "that 
a more damned crew hell never vomited".*" 

In order to show that they were sincere in their j)rofessions 
of interest in the spiritual welfare of the Indians, the Company 
determined to erect a college at Henrico "for the training up 
of the children of those Infidels in true Religion, moral virtue 
and civility".'" The clergy of England were enthusiastic 
in their support of this g(X)d design, and their elTorts resulted 
in liberal contributions from various parts of the kingdom." 
Unfortunately, however, the money thus .secured was expended 
in sending to the college lands a number of "tenants" the 
income from whose labor was to be utilized in establishing 
and .supporting the institution.*' As some of these settlers 
fell victims to disease and many others were destroyed in the 
massacre of 1622, the undertaking had to be abandoned, and 
of course all thought of converting and civilizing the savages 
was given up during the long and relentless war that ensued. 

Even more discouraging than these failures was the hostility 
of the King to the cultivation of tobacco in Virginia, and his 
restrictions u\xm its imj)ortation into England. Appeals were 

•Bruce. Ec. Hist., Vol. II. pp. 44^. 44J. 

" F. R.. p. 322 " V. R . p. 335. 

- I-. K.. p. 3J6. 



KKJ'ki -. ^ ......*..'» I. x.MliNT 45 

made to him to prohibit the sale of S|Kinish toliarco, in order 
that the Virginia planters might dispose of their protluct at a 
greater profit. This, it was argued, wouM Ik the most eflfcc- 
tivc way of rendering the colony prtisiKrrous an<l self sustaining. 
Hut James, who was stil^ Inrnt niKin maintaining his S|>anish 
|)oIicy. Would not otTend I'hilip hy excluding his tobacco from 
l-'ngland. Moreover, in i^Ji. he issuetl a proclamation re- 
stricting the imiK)rlation of the leaf from \'irginia and the 
Somcrs Isles to fifty-five thousand jjounds annually.** This 
measure created consternation in Virginia and in the London 
Company. The great damage it would cause to the colony 
anti the diminution in the royal revenue that would result were 
|)ointe<l out to James, but for the time he was olxlurate.** In- 
deed, he caused additional distress by granting the customs 
uiH)n tobacco to a small association of fanners of the 
revenue, who greatly damagc«l the interests of the colony. In 
ibJ2. James, realizing that his |)olicy in regard to toliacco was 
injuring the cxchcijuer. made a ci>mpromisc with the Company. 
The King agreed to restrict the imiK)rtation of Sfxinish to- 
bacco to (K).(XX) ix>unds a year, and after two years to exclude 
it entirely. All the N'irginia leaf was to l>e admitted, but the 
Crown was to receive one third of the crop, while the other 
two thirds was subjected to a duty of six jMincc a jwund.** 
This agreement proved most injurious to the Company, and it 
was soon abandone<l, but the heavy exactions of the King con- 
tinued. Undoubtedly this unwise i)olicy was most detrimental 
to Virginia. Not only did it diminish the returns of the Com- 
pany and make it imp<issiblc for Sandys to i>erfect all his wise 
plans for the colony, but it put a decided check u[)on immi- 
gration. Many that would have gone t«i \'irginia to share in 
the profits of the planters, remained at home when they saw 
that these profits were Iwing confiscated by the King.** 

Vet the strenuous efforts of the London Company would 
surely have bnnight .something like prosiKrity to the c<)lony 
had not an old enemy returne<l to cause the destniction of hun- 
dreds of the settlers. This was the sickness. For some years 

- nrucf. Ec. Hift.. Vol. I, p. 264. • Bnic*. Ec. Hitt.. Vol. I. p. 365. 
"Bnicf. Ec. Hi»t.. Vo!. I. p. 360 "PRO. COi-j. 



46 VIR(iINIA UNDKR THE STUARTS 

the mortality had Ikcii very low, Ixrcausc the old planters were 
acclimated, and few new immij^rants were cominj^ to Virj^nia. 
Hut with the stream of laborers and artisans that the Sandys 
regime now sent over, the scourj^^e ai)i)eared ajjain with re- 
doubled fury. As early as Januar)', i()20. Governor N'eardley 
wrote "of the great mortallitie which hath l)ccn in Virginia, 
about 300 of ye inhabitants having dyed this year".*" The 
sickness was most deadly in the newly settled parts of the 
colony, "to the consumption of divers Hundreds, and almost the 
utter destruction of some particular Plantations".*" The Lon- 
don Company, distressed at the loss of so many men, saw in 
their misfortunes the hand of God, and wrote urging "the 
more carefull observations of his holy laws to work a recon- 
ciliation".*'* They also sent directions for the construction, in 
dilTcrent parts of the colony, of four guest houses, or hosjMlals, 
for the lodging and entertaining of fifty persons each, ujwn 
their first arrival."' But all efforts to check the scourge proved 
fruitless. In the year ending March, 1621 over a thousand per- 
sons died ujxjn the immigrant vessels and in V^irginia.*- De- 
spite the fact that hundreds of settlers came to the colony 
during this year, the population actually declined. In 1621 
the percentage of mortality was not so large, but the actual 
nunil)er of deaths increased. IHiring the months from March, 
1 62 1, to March, 1622. nearly twelve hundred persons perished. 
It was like condemning a man to death to send him to the 
colony. Seventy-five or eighty per cent, of the lal)orers that 
left England in search of new homes across the Atlantic died 
before the expiration of their first year. The exact number 
of deaths in 1622 is not known, but there is reason to Ix^lieve 
that it approximated thirteen hundred.' ' Mr. George Sandys, 
brother of the Secretary of the London Company, wrote. "Such 
a pestilent fever rageth this winter amongst us: never knowne 
before in Virginia, by the infected people that came over in 
ye Abigail, who were i)oisoned with . . . l)eer and all falling 
sick & many dying, every where disi)ersed the contagion, and 

• F. R.. p. 377. 
"F. R.. p. 377. 
" F. R.. p. 506. 



F. 


R.. 


P- 


372. 


F. 


R.. 


P- 


377. 


F. 


R. 


P 


415 



REPRi:SK\TATIVK GOVKRNMKNT 47 

llic lorcriniiiin^j Smiimcr hath l)ccn also deadly u\xm us."'* 
Not until I0J4 did the mortality decline. Then it was that 
the (lovernor v\t«»ic. "This suninier, (itxl \k thanketl, the 
Colony hath very well stinxl to health".** The dread sickness 
had si)cnl itself ft>r lack of new victims, for the immijp'ation 
had declined and the «»ld planters had liccome **.seasone<I". 

History does not rec«>nl an epidemic nu>rc <lea<lly than that 
which swept over V'ir^nia during these years. It is estimated 
that the numljcr of those that lost their lives from the diseases 
native to the colony and to those brouf^ht in from the infectc<l 
ships amounts Uy no less than four thousand. *• When the tide 
of inunif,'ration was started by Sir Kdwin Sandys in 1619, 
there were livinp^ in Virginia about nine hundrecl persons; 
when it slackened in 16J4 the (jopulation was but eleven hun- 
<lred. The scnilinj,' of nearly five thousand .settlers to Vir- 
Pfinia had rcsulte<l in a gain of but two hundred. It is true 
that the tomahawk and starvation accounts for a part of this 
mortality, but by far the larger numl)cr of deaths was due 
to disease. 

Yet hardly less horrible than the sickness was the Indian 
massacre of 1622. This disaster, which cost the lives of sev- 
eral hundred persons, struck terror into the hearts of every 
Knglishman in Virginia. The colonists had not the least inti- 
mation that the savages meditated hann to them, for jxrace had 
existed Ixrtween the races ever since the marriage of Rolfe 
anti Pixahontas. Considering the protection of their jxilisades 
no longer necessar)- after that event, they had spread out over 
the colony in search of the most fertile lands. Their planta- 
tions extciKlcd at intcr\als f<»r many miles along l)oth banks 
of the James, and in the ca.se of a sudden attack by the Indians 
it would obviously Ixr difficult for the settlers to defend them- 
selves or to offer assistance to their neighbors. 

The api>arent friendship of the Indians had created such 
great intimacy fjctween the two races, that the savages were 
receive<l into the homes of the white men and at times were 
fe<l at their tables.*' .At the command of the London Company 

- F R . p. 506. ■ 1-. R, p. 60a 

• P R O.. COI-J6-37. " SUth. p. aia 



4H VIRCilNI A rNI)F-:U THF STIAKTS 

itself some of the Indian yontlis had been adopted by the 
settlers and were l)cing e(hicated in the Christian faith. So 
unsus|)ectinjj were the iHrojjle that they loaned the savaj^es their 
Ixiats, as they passcil backward and forward, to formulate tlieir 
plans for the massacre.*" 

The plot seems to have orif^'iiialcd in the cunninj,' brain <»f 
OlK'chancanouj^h. This chief, always hostile t<» the white men, 
must have viewed with apprehension their encroachment u|K)n 
the lands of his i)eoj)le. lie could but realize that some day the 
swarms of foreigners that were arrivinjj^ each year would ex- 
clude the Indians from the country of their forefathers. Per- 
ceivinjj his opi)ortunity in the foolish security of the Enj^lish 
and in their exjxjsed situation, he determined to annihilate 
them in one p^eneral butchery. 

His plans were laid with great cunning. Although thous- 
ands of natives knew of the design, no warning reachcfl the 
white men until the very eve of the massacre. While 0[K'chan- 
canough was preparing this tremendous blow, he protested in 
the strongest terms his jK-rpetual good will and love, declar- 
ing that the sky would fall before he would bring an end to 
the i)eace.'''" In order to lull the suspicions of the planters, 
"even but two daies before the massacre", he guided some of 
them "with much kindnesse through the wockIs. and one 
Browne that lived among them to learne the language", he 
sent home to his master. The evening before the attack the 
Indians came as usual to the plantations with deer, turkeys, 
fish, fruits and other provisions to sell.*'*' 

That night, however, a warning was received, which alth<>n<^di 
too late to save the most remote settlements, preserved many 
hundreds from the tomahawk. Chanco. an Indian l)oy who 
had been adopted by an Englishman named Race, revealed the 
entire plot to his master. The man secured his h(^use. and 
rowed away before dawn in desperate haste to Jamcst(»wn. to 
give warning to the Governor. "Whereby they were pre- 
vented, and at such other plantations as possibly intelligence 
could be given.""* 

•• Slith, p. 210. " .Arb. Smith, p. 573. 

• .\rh. Smith, p. 573. " .\rh. Smith, p. 578. 



Ki I'KIM N i \ I i \ I-. < .« »\ r.»< N Mr .^ i 4f) 

1 ill- assault of ilic savages was swift ami <lca<lly. In all 
l»arti of the colony they fell u|K)n the settlers, and those that 
had reccivetl no waniitij^ were, in most cases, butchered be- 
fore they could sus|>cct that harm was iiitcn«lcd. Sometimes 
the Indians sat down to breakfast with their victims, "whom 
imnie<liatcly willi their owne tooles tliey slew most l>arbarously, 
not sparinj^ either ajjc or sex, man woman or chddc".*' Many 
were slain while workinj; in the fields; others were trapixrd in 
their houses an<l butchered Iwfore they couhl seize their wea- 
pons. The savajijes, "not Iwinjj content with their lives. . . . 
fell ajjaine ujxm the dead Ixxlics. makinj; as well as they could 
a fresh murder, (Icfacinjj, drajjRinjj, and man^linp their dead 
carkases into many i)ceccs"." 

That the plot was so successful was due to the completeness 
of the surprise, for where the luij^lish made the least resistance 
the savaj^es were usually l)caten off. A planter named Causie, 
when attacked and wounded and surnnnided by the Indians, 
"with an axe did cleave t>ne of their hea<ls. whereby the rest 
tied and he cscaj)ed : for they hurt not any that did either tij^ht 
or stand upon their j.,ajard. In one j)Iace where they had warn- 
ing of it. (they) defended the house aj^'ainst sixty or more that 
assaulted it.""* 

At the plantation of a Mr. Harrison, where there were 
gathered seven men and eighteen or nineteen women and chil- 
dren, the savages set fire to a tobacco house and then came in 
to tell the men to (jucnch it. Six of the I-'nglish. not susix-cting 
treachcr)-. rushed out. and were shot full of arrows. Mr. 
Thomas Hamor. the seventh man. "having finishe»l a letter he 
was writing. followe<l after to sec what was the matter, but 
quickly they sh»»t an arrow in his back, which caused him to 
rcturne an<l barricado up the dores, whcreui>>n the Salv.iges 
set fire to the house. Hut a Ixiy, seizing a gun which he found 
loade<l, di.scharged it at random. At the l»are re|K)rt the enemy 
fletl and Mr. Ilamor with the wonien and children escaped.*'** 
In a nearby house, a i>arty (»f I'nglish under Mr. Hamor's 
brother, were caught by the Itulians without amis, but they 

• \rl>. .*sniiih. i> ■-- \ •.^^l>. Smith, p. 574. 

- \r!. Smtt»i • Art». Smith, p. 5;^ 



50 VIRGINIA UNDER THE STUARTS 

dcfciulcd themselves successfully with si)a(les, axes and 
brickhats." 

One of the first to fall was Revercud (ieor^je Thoriw, a 
memlwr of the V'irjjinia Council, and a man of prominence in 
Kn^land."^ Leaving a life of honor and ease, he had come to 
Virj^inia to work for the conversion of the Indians. He had 
apparently won the favor of Oi)echancanough, with whom he 
often discoursed upon the Christian religion. At tlie moment 
of his murder, his .servant, jHjrcciving the deadly intent of the 
savages, gave him warning, but his gentle nature would not 
pcnnit him to l)elicve harm of those whom he had always l>e- 
fricndcd. and he was cut down without resistance."** 

The barbarous king failed in his design to destroy the Eng- 
lish race in X'irgitiia. but the massacre was a deadly blow to 
the colony. No less than three hundred and fifty-seven i)ersons 
were slaughtered, including six Councillors. The news of the 
disaster brought dismay to the London Company. I*'or a while 
they attempted to keep the matter a secret, but in a few weeks 
it was known all over luigland. Although the massacre could 
not have been foresceJi or prevented, it served as a pretext for 
numerous attacks uiK)n Sandys and the jxirty which sup|K>rted 
him. It discouraged many shareholders and made it harder to 
secure settlers for the colony. Even worse was the elTcct in 
\'irginia. The system of fanning in unprotected plantations, 
which had j)revailed for some years, had now to Ik? abandoned 
and many settlements that were exposed to the Indians were 
descried. "We have not." wrote the Assembly, "the safe 
range of the Country for the increase of Cattle, Swyne. etc; 
nor for the game and fowle which the country affords in great 
plentye: liesides our duties to watch and warde to secure our- 
selves and lal>or are as hard and chargeable as if the enemy 
were at all times present.""" 

The massacre was followed by a venomous war witli the In- 
dians, which lasted many years. The Knglish. feeling that 
their families and their homes would never be safe .so long as 
the savages shared the country with them. delil>erately platuieil 

"Arb. Smith, p. 576. " Stilh. p. jii. 

"Stith. pp. jii, 2\2. • I". R.. pp. 576. 577. 



KifKi-.>i .N I \ I I \ r. < t« »\ l•.^.^ M J > i 51 

tilt" ixtomiination of all hostile tribes in Virginia. Their con- 
version was j^vcn no further consi(lcrati«>n. "The terms 
Inrlwixt us and them." they declared, "are irreconcilable."'" 
(iovcnior Wvatt wrote. "All trade with thcni must be for- 
bitlden, and without doubt either we must cicerc them or they 
us out of the Country."'' 

Hut it s<xni l>ccainc apiwrent that neither jxrople woul«l l)c 
able to win an inuncdiatc or decisive victf)r>'. The Indians 
could not ho|>e to destroy the ICnj^lish. now that their deeply 
laid plot had failed. In open battle their light arrows made no 
impression ujKin the coats of plate and of mail in which the 
white men were incasetl. while their own l)o<lies were without 
protection ajjainst the sujwrior weajKMis of their foes. On the 
other hand, it was very difficult for the colonists to strike the 
savajjcs, because of the "advantages of the wchmI and the nim- 
blcness of their heels".'- Kven though they "chased them to 
and fro", following them to their villages ami burning their 
huts, they found it very dilTicult to do them serious hami. 

I'inally the I*-nglish hit uiK)n the plan of bringing distress 
ujxjn the savages by destroying their com. Although the 
Virginia tril)es subsisted partly i\\xm game, their chief support 
was from their fields of maize, and the entire failure of their 
crop would have re<luced hundrc<ls of them to the verge of 
star\'ation." Kach year the white men. in small companies, in 
various parts of the country, brought ruin to the com fields. 
Sometimes the savages, in despair at the prospect of famine, 
made valiant efforts to defend their fields, but were invariably 
Inraten off until the work of destruction was done. 

The natives retaliated with many sudden raids u[>on the more 
exix>scd jKirts of the colony, where they burned, pillageil and 
murdered. The planter at work in his fields might expect to 
find them lurking in the high grass, while their ambushes in 
the wo<xls made communication from plantation to plantation 
very dang^erous. "The harmes that they do us." wrote the 
AssemWy, "is by ambushes and sudden incursions, where they 

* F R.. p 57^. •• K R . p. 508. 

"F. R. p *>7f> 

"BnKc. Vx. Hi«t , Vol. I. pp. 155 to 150 



52 VIRGINIA UNDKR THE STUARTS 

sec ihcir a<lvantaj;cs."'* In 1025 Captain J«ilin Harvey dc- 
claretl that llie two races were "inj^agcd in a inortall warre 
ami lleslied in each others blond, of which the Canscs have 
been the late massacre on the Salvages parte. ... I conceive 
that by the (iisi)crsion of the Plantations the Salvages hath the 
advantage in this warre, and that by their suddaine assaults 
they do us more harme than we do them by our set voyages".'^ 

When the I'.nglish had recovered from the first shock of 
the massacre, they planned four e.xiK'ditions against the trilx-s 
living on the river alnjve Jamestown. Mr. (jeorge Sandys 
attacked the Tappahatomaks, Sir George Vcardley the W'ya- 
nokcs, Captain William Powell the Chickahominies and the 
.\piK>matocks, and CajHain John West the Tan.x-Powhatans. 
The savages, without attempting to make a stand, deserted 
their villages and their crops and fled at the approach of the 
luiglish. l''cw were killed, for they were "so light and swift" 
that the white men, laden with their heavy amior, could not 
overtake them.'" In the fall Sir George Yeardley led three 
hundred men down the river against the XanscuKjnds and 
against Oinrchancanough. The natives "set fire to their own 
houses, and spoiled what they could, and then fled with what 
they could carry; so that the I-lnglish did make no slaugliter 
amongst them for revenge. Their Come fields being newly 
gathered, they surj)rised all they found, burnt the houses (that) 
remained uninirnt, and so departed."'" 

It is remarkable that the colonists could continue this war 
while the sickness was raging among them. At the very time 
that "Seardley was fighting Oi)echancanough, hundreds of his 
comrades were dying "like cats and dogs". "With our small 
and sicklie forces," wrote M^r. George Sandys, "we have dis- 
comforted the Indians round about us, burnt their houses, 
gathered their corn and slain not a few; though they are as 
swift as Roebucks, like the violent lightening they are gone as 
soon as perceived, and not to \i€ destroyed but by surprise or 
famine.""* 

•T. R.. p. 576. "F. R.. p. 611. 

**,'\rb. Smith, p. 594. 

" Arb. Smith, p. 550: I" K. i>i> 47;. V)-- 

"F. R.. p. 510. 



REPRESENTATIVE GOVERNMENT S3 

How bitter was the war is shown by an net «»f trcachcr)* by 
the Mnj^hsh that would have shamc<l the savaf^cs themselves. 
In i<>-'3. the Iixhaiis. (hscourajjed l)y the »Icstructi«in of their 
crops, sent messengers to Jamestown, asking for jwace. The 
colonists (letennined to take advantage of this overture to 
recover their prisoners and at the same time to strike a sudden 
blow at their enemy. I*larly in June, Captain William Tucker 
with twelve well annol iikmi was sent "in a shal«if>e under 
colour to make jxrace with them". On the arrival of this party 
at the chief town of OjHrchancanouKh. the sava^jes thronj^'e<l 
down to the riverside to parley with them, but the l-"nj;lish 
refused to consider any tenns until all priscmers had U-en re- 
stored. .Assenting to this, the savages brought forth seven 
whites and they were placed alxiard the vessel. Having thus 
accomplished their puriH>se. the soldiers, at a given signal. let 
fly a volley into the midst of the crowd, killing "some 40 In- 
dians including .^ of the chiefest'*.'" 

In 16.24 the luiglish won a great victory over the most 
troublesome of the hulian tril^es. the Pamunkeys. (iovernor 
Wyatt. in leading an exixrdiiion against this people had evi- 
dently cxix-ctcd little resistance, for he brought with him but 
si.xty fighting men. The Pamunkeys, however, had planted that 
year a ver>' large crop of corn, which they needed for the 
supiK)rt of themselves and their confederates, and they deter- 
mined to protect it at all hazards. So Wyatt and his little 
band were surprise<l. on approaching their village to find l)cforc 
them more than eight hundred warriors prepared for l>attle. 
The Knglish did not falter in the face of this anny, and a 
fierce contest ensuetl. "Fightingc not only for safeguards of 
their houses and such a huge quantity of com", but for their 
reinitation with the other nations, the Pamunkeys displayed un- 
usual bravery. I'or two days the battle went on. Whenever 
the young warriors wavered Ik fore the volleys of musketry, 
they were <lriven Kick into the fight by the older men. Twenty- 
four (»f the I'.nglish were dct.iched from the firing line an*! 
were employed in destroying the maize. In this they were so 
successful that enough corn was cut down "as by lustimatioti 

"F R.. pp 514. 5>5. 



54 \ I K' il M \ I N 1 "l-.K 1 II I. .Nil .\i< i > 

of men of j^ikmI judf^iicnt was surticicnt to have .sustained 
fowcr thousand men for a twelvemonth". At last the savages 
in des|)air j^ave up the ti^^ht and stoixl nearby *'rufully look- 
inj^e on whilst their Come was cutt down". "In this E.\i)e(h- 
tion." wrote the colonists, "sixtecne of the ICnj^lish were hurte 
our first and seconde day. whereby nyne of the lx:st shott were 
made unserviceable for that tyme, yett never a man slayne. 
nor none miscarried of those hurtes. Since when they have 
not j^reatly troubled us. nor interrupted our labours.""" 

The series of misfortunes which lx;fel the London Company 
durinp the administration of Sir Edwin Sandys culminated in 
the loss of their charter. I-'or some time Kinp James had l)een 
j;rowin^ more and more hostile to the party that had assumed 
control of the colony. It is hij^hly probable that he had had 
no intimation, when the charter of 1612 was jjranted. that 
popular institutions would \k estal)lished in \'irginia. and the 
extension of the ICntjlish parliamentan,- system to America 
must have been distasteful to him. The enemies of Sandys 
had \Kcn whispering to the Kinj^ that he "aymed at nothing 
more than to make a free popular state there, and himselfe 
and his assured friends to be the leaders of them".**' James 
knew that Sandys was not friendly to the prerogative of the 
Crown. It had l)een stated "that there was not any man in 
the world that carried a more malitious heart to the Govern- 
ment of a Monarchie".^* 

In i6ji the controlling party in the London Comixmy was 
preparing a new charter for X'irginia. The contents of tiiis 
document are not known, but it is exceedingly probable that 
it was intended as the preface to the establishment of a gov- 
ernment in the colony far more lil)eral than that of Kngland 
itself. It was proposed to have the charter confirmed by act 
of Parliament, and to this James had consented, provided it 
proved satisfactory' to the Privy Council."' But it is evident 
that when the Councillors had examined it. they advised the 
King not to assent to it or to allow it to api)ear in Parliament. 
Indeed the docimicnt must have stirred James' anger. fi)r not 

T. R. O.. CO1-3. "K. R.. p 5.10. 

• V. R.. p. 5J9. - F R.. p. 3«)j. 



REPRESENTATIVE GOVERNMENT 55 

only tlid he end all hn|R's of its j^ssa^jc. In»l he "struck sonic 
tcrrour int«) most undertakers for Virj;iiua". hy imprisoning 
Sir F.dwin Sandys.** 

I''ven more distasteful to the King than the estabhshmcnt 
of |)o|nilar institutions in the little colony was tiic spreading 
of liljcral doctrines throughout England by the Sandys faction 
of the Company. James could no longer tolerate their meet- 
ings, if once he iK'gan to look u|K)n them as the nursery of 
discontent and sedition. The |>arty that was so detenninc<l 
in its pur|H)se to plant a republican g»»vcrnment in \irginia 
might stop at nothing to accomplish the same end in Kngland. 
James knew that national iK)Iitics were often discussed in the 
assemblies of the Company and that the fwrties there were 
sometimes as "animated one against the other" as had l»een 
the "Ciuelfs and (iebillines" of Italy. "^ He decided that the 
Ixrst way to end these controversies and fnistratc the designs 
of his enemies was to annul the charter of the Comi>any and 
make Virginia a royal colony. 

The first unmistakable sign of his hostility came in June 
1 6-2 J, when he interfered with the election of their treasurer. 
It was not. he told them, his intention "t«) infringe their lil)erty 
of free election", but he sent a list of names that would l)e 
acceptable to him. and asked them to put one of these in nom- 
ination. To this the Company asscntc<l readily enough, even 
nominating two from the list, but when the election was held, 
the King's can«lidatcs were overwhelmingly defeated."" When 
James heard this, he "tlinig himself away in a furious passion", 
being "not well satisfied that out of so large a numlwr by him 
recommended they had not made any choice"."^ The incident 
meant that James had given the Comfviny an unmistakable 
intimation that it would l)e well for them to place the manage- 
ment of afTairs in the hands of men more in haniiony with 
himself, and that they had scornfully refused. 

The Company was now d(x>me<l. for the King decide<l that 
the charter must l>e rcvoke<l. He couM not. of course, annul a 
grant that had fiassed under the Cireat Seal, without some pre- 

" F R . pp 43^. 437. " K R . P $U. 

- F R.. p. 4-7. - F. R . p. 47a 



56 VIKlilNIA r-NDKK TH1-; STl ARTS 

Icnce of IcK«iI pri)ccc«liii^;s, but when once he had dcicnnincd 
oil the ruin of the Company, means to accomphsh his end were 
not lackiiij^. John l-'errar wrote, "Tlic Kinjj, notwithstan<hng 
liis royal word and lit»tn»r j>ledj^cd to the contrar)' . . . was 
now determined with all his force to make the last assauU, and 
^Mve the deatli blow to this . . . Company.""" 

James Ijcgan by hunting evidence of mismana^jemcnt and 
incapacity by tlie Sandys i)arty. Me jjavc orders to Captain 
XathanicI Butler, who had si)ent some months in Virginia, to 
write a pamphlet dcscribinj,^ the condition of the colony. The 
rnmaskiti^i^ of rir^iittio. as Hutlcr's work is called was nothing 
less than a bitter assault u\K>n the conduct of afTairs since the 
l)eginning of the Sandys administration. Unfortunately, it 
was not necessar)' for the author to exaggerate much in his 
description of the frightful conditions in the colony; but it 
was unfair to i)lace the blame upon the Company. The mis- 
fortunes of the settlers were due to disease and the Indians 
and did not result from incapacity or negligence on the part 
of Sandys. The Company drew up "A True answer to a writ- 
ing of Information presented to his Majesty by Captain Na- 
thaniel Butler", denying most of the charges and explaining 
others, but they could *not efface the bad impression caused by 
the Unmaskinf^^^ 

In April, 1623. James appointed a commission to make en- 
quiry into the "true estate of . . . Virginia".*** This lx)dy 
was directed to investigate "all abuses and grievances ... all 
wrongs and injuryes done to any adventurers or planters and 
the grounds and causes thereof, and t<^ projxiund after what 
sort the same may l)e better managed"."' It seems quite clear 
that the commissioners understcxMl that they were exi>ected 
to give the King "some true ground to work ujjon", in his 
attack on the Company's charter."- In a few weeks they were 
busy receiving testimony from lK)th sides, examining records 
and searching for evidence. They commanded the Company 
to deliver to them all "Charters, Books. Letters, Petitions^ 

" !•". H . pp. 531. 532. • F R.. p. 5-J4. 

-1-. K.. p. 520. •*'•■ '<• P 5A>. 

•F. R.. p. S2i. 



M iKi^i N 1 ATIVE GOVERN' 57 

l.iNts I.I ii.mjcs. of Provisions, Invoyccs -i «i--i^. .uul all 
other wriliiifj whatsoever". They examined the clerk uf ihc 
(Onipany. the fncssiMiv,'cr and the kcc|»er of the house in which 
they hcM their nicctinj^s.^' They intercepted private letters 
iu>m X'irjjinia. tcllinj^ «tf the horrible sufTerinj^ there, and made 
the Kin^' aware of ihcir contents.** 

In July the conmiis>ion made its re|)«»rt. It fountl that 
"the |x*«)plc sent to inhahit there . . . were nu>si of them by 
(jckI's visitation, sicknes of bcnly, famine, and by mas- 
sacres . . . dead and deceased, and those that were living 
of them lived in miserable and lamentable necessity and 
want. . . . That this nejjicct they conceivetl, must fall on the 
(fovemors and 0>m|)any here, who had i>ower to «lirect the 
Plantations there. . . . That if his Majesty's first Cirant f»f 
.April lo i/»o<), and his Majesty's most pnulent and princely 
Instructions ^ivcn in the lK\i;iiuiin}^ . . . had Inren pursued, 
much iK'ttcr cfTccts had Inrcn pnMJuccd. than had l>een by the 
alteration tiicrcof, into so i)opuIar a course."*'' James was 
much pleased with the re|K)rt. and it confinncd his <letcnuina- 
tion to "resume the government, and to reduce that iK)pular 
form so as to make it aprce with the monarchial form".** 

lieforc takinjj the matter to the courts, the King rcsolve<l 
to offer the Comi>any a compromise. If they would give up 
the old charter, he said, a new one would be granted them, 
preserving all private interests, but restoring the active control 
of the colony to the Crown. The government was lo l»c 
nnxlelled ujKni the old plan of irKy>. which had alrea<ly given 
So much trouble. "His Majesty," the Company was t«ild, 
"hath . . . resolved by a new Charter to ap|>oint a (iovernor 
and twelve assistants, resident here in Kngland, imto whom 
shall \k ct)mmittctl the government. . . . And his Majesty 
is plea.sed that there shall \k resident in Virginia a Ciovernor 
and twelve assistants, to l>c nominated by the Governor and 
assistants here . . . whereby all matters of imi»rtance may be 
directetl by his Majesty."*' The Company was commandetl 

•F. R. p. 541 -F R-. P MS. 

• F. R . pp. 5ia jua •• F R I. <;ij 

"F. R^p. 551 



58 VIRGINIA UNDER THE STUARTS 

to send its reply immediately, "his Majesty being determined, 
in default of such submission, to proceed for the recalling of 
the said former charters". ^^ 

A special meeting of the stockholders was called, October 
30th, 1623, to consider the King's proposal. Every man 
present must have known that the rejection of the compromise 
would mean the loss of all the money he had invested in the 
colony, and that if the King's wishes were acceded to his 
interests would be preserved. But the Company was fighting 
for something higher than personal gain — for the maintenance 
of liberal institutions in America, for the defence of the rights 
of English citizens. After a "hot debate" they put the ques- 
tion to the vote, and the offer was rejected, there being "only 
nine hands for the delivering up of the Charters, and all the 
rest (being about three score more) were of a contrary 
opinion". ^^ 

As a last hope the Company resolved to seek the assistance 
of Parliament. A petition was drawn up to be presented to 
the Commons, and the shareholders that were members of that 
body were requested to give it their strenuous support when 
it came up for consideration. The petition referred to Vir- 
ginia as a "child of the Kingdom, exposed as in the wilderness 
to extreme danger and as it were fainting and labouring for 
life", and it prayed the House to hear "the grievances of the 
Colony and Company, and grant them redress". ^^'^ The matter 
was brought before the Commons in May, 1624, but before it 
could be considered, a message was received from the King 
warning them "not to trouble themselves with this petition as 
their doing so could produce nothing but a further increase 
Schisme and factions in the 'Company". "Ourself," he an- 
nounced, "will make it our own work to settle the quiet, and 
wellfare of the plantations. "^^^ This was received with some 
"soft mutterings" by the Commons, but they thought it best 
to comply, and the Company was left to its fate.^*'- 

In the meanwhile the King had placed his case in the hands 

='F. R., p. 542. °' F. R., p. 554- 

^~ F. R., pp. 595, 596. ^" F. R., pp. 597, 598. 

">' F. R., p. 598. 



REPRESENTATIVE GOVERNMENT 59 

of Attorney-General Coventry, who had prepared a quo 
warranto against the Company /<^3 Although all hope of re- 
taining the charter was gone, the Sandys party were deter- 
mined to fight to the end. They voted to employ attorneys 
and to plead their case before the King's Bench. The quo 
warranto came up June 26th, 1624, and "the Virginia Patent 
was overthrown", on a mistake in pleading. ^^^-^ With this 
judgment the London Company practically ceased to exist, and 
Virginia became a royal province. 

'"' F. R., p. 587. "* F. R., pp. 601, 602. 



CHAPTER III 
The Expulsion of Sir John Harvey 

The people of Virginia sympathized deeply with the London 
Company in its efforts to prevent the revocation of the char- 
ter. The Governor, the Council and the Burgesses gave 
active assistance to Sandys and his friends by testifying to 
the wisdom of the management and contradicting the calum- 
nies of their enemies. In the midst of the controversy the 
Privy Council had appointed a commission which they sent to 
Virginia to investigate conditions there and to gather evidence 
against the Company. This board consisted of John Harvey, 
John Pory, Abraham Piersey and Samuel Matthews, men 
destined to play prominent roles in Virginia history, but then 
described as "certayne obscure persons".^ When the commis- 
sioners reached the colony they made known to the Assembly 
the King's desire to revoke the charter and to take upon him- 
self the direction of the government. They then asked the 
members to subscribe to a statement expressing their gratitude 
for the care of the King, and willingness to consent to the 
contemplated change. The Assembly returned the paper un- 
signed. "When our consent," they said, "to the surrender 
of the Pattents, shalbe required, will be the most proper time 
to make reply: in the mean time wee conceive his Majesties 
intention of changing the government hath proceeded from 
much misinformation."- 

After this they ignored the commissioners, and addressed 
themselves in direct letters and petitions to the King and the 
Privy Council.^ They apprehended, they wrote, no danger 
from the present government, which had converted into free- 
dom the slavery they had endured in former times.^ They 
prayed that their liberal institutions might not be destroyed 

^F. R., p. 556; Osg., Vol. Ill, p. 47- ' F. R., p. 574- 
" F. R., p. 572. * Osg., Vol. Ill, p. 50. 

60 



THE EXPULSION OF SIR JOHN HARVEY 6i 

or the old Smith faction of the Company placed over them 
again. -^ These papers they sent to England by one of their 
number, John Pountis, even refusing to let the commissioners 
see them. But Pory succeeded in securing copies from the 
acting secretary, Edward Sharpless.^ The Council, upon 
learning of this betrayal, were so incensed against the secre- 
tary that they sentenced him to "stand in the Pillory and there 
to have his Ears nailed to it, and cut off"."^ His punishment 
was modified, however, so that when he was "sett in the Pil- 
lorie", he "lost but a part of one of his eares".^ The King, 
upon learning of thjs incident, which was represented to him 
"as a bloody and barbarous act", became highly incensed 
against the Council.'' 

In the meanwhile James had appointed a large commission, 
with Viscount Mandeville at its head, "to confer, consult, 
resolve and expedite all affaires ... of Virginia, and to take 
care and give order for the directing and government there- 
q{" 10 'piijg i^ody met weekly at the house of Sir Thomas 
Smith, and immediately assumed control of the colony. ^^ Their 
first act was to decide upon a form of government to replace 
the Virginia Magna Charta. In conformance with the wishes 
of the King they resolved to return to the plan of 1606. In 
their recommendations no mention was made of an Assembly. 
It seemed for a while that the work of Sandys was to be 
undone, and the seeds of liberty in Virginia destroyed almost 
before they had taken root. Fortunately, however, this was 
not to be. The commission, perhaps wishing to allay the fears 
of the colonists, reappointed Sir Francis Wyatt Governor, and 
retained most of the old Council. This made it certain that for 
a while at least the government was to be in the hands of men 
of lofty character and liberal views. ^^ More fortunate still 
for Virginia was the death of James I. This event removed 
the most determined enemy of their Assembly, and placed 
upon the throne a man less hostile to the Sandys faction, less 
determined to suppress the liberal institutions of the colony. 

'Osg., Vol. Ill, p. 50. 'F. R., p. 584. 

' F. R., p. 584. ' P. R. O., CO1-3. 

» F. R., p. 584. '" F. R., p. 634 . 

" Osg., Vol. Ill, p. 74. " F- Rv P- 639 . 



62 VIRGINIA UNDER THE STUARTS 

Soon after his accession Charles I aboHshecl the Mandeville 
commission and appointed in its place a committee of the Privy- 
Council.^^ For a while he seemed inclined to restore the Com- 
pany, for he consulted with Sandys and requested him to give 
his opinion "touching the best form of Government".^'* But 
he finally rejected his proposals, declaring that he had come to 
the same determination that his father had held. He was re- 
solved, he said, that the government should be immediately 
dependent upon himself and not be committed to any company 
or corporation.^^ But, like his father, he was "pleased to 
authorise Sir Francis Wyatt knight to be governor there, and 
such as are now employed for his Majesties Councell there to 
have authoritie to continue the same employment". No pro- 
vision was made for a representative body, the power of issu- 
ing decrees, ordinances and public orders being assigned to the 
Council. 

But the Assembly was saved by the unselfish conduct of 
Wyatt and Yeardley and their Councils.^^ Had these men 
sought their own gain at the expense of the liberty of their 
fellow colonists, they would have welcomed a change that 
relieved them from the restraint of the representatives of the 
people. The elimination of the Burgesses would have left them 
as absolute as had been Wingfield and the first Council. But 
they were most anxious to preserve for Virginia the right 
of representative government, and wrote to England again 
and again pleading for the reestablishment of the Assembly. ^^ 
"Above all," they said, "we humbly intreat your Lordships that 
we may retaine the Libertie of our Generall Assemblie, than 
which nothing can more conduce to our satisfaction or the 
publique utilitie."^^ In 1635 Yeardley himself crossed the 
ocean to present a new petition. He pleaded with Charles "to 
avoid the oppression of Governors there, that their liberty of 
Generall Assemblyes may be continued and confirmed, and that 
they may have a voice in the election of officers, as in other 
Corporations".^^ After the overthrow of the Company char- 

"F. R., p. 640. "F. R., p. 641. 

'' F. R., pp. 641, 642. '" F. R., p. 647. 

"F. R., p. 648. "F. R., p. 573. 
''P. R. O., COi-3-7. 



THE EXPULSION OF SIR JOHN HARVEY 63 

ter, there could be no legal election of Burgesses and no legisla- 
tion save by proclamation of the Governor and Council. Yet 
Wyatt, in order to preserve as far as possible some form of 
representative government, held conventions or informal 
meetings of leading citizens, to confer with the Council on 
important matters. They issued papers under the title of 
"Governor, Councell and Collony of Virginia assembled to- 
gether",-^ and it is possible that the people elected their dele- 
gates just as they had formerly chosen Burgesses. Since, 
however, acts passed by these assemblages could not be en- 
forced in the courts, all legislation for the time being took the 
form of proclamations.-^ 

Finally Charles yielded to the wishes of the people, and, in 
the fall of 1627, sent written instructions to the officials in 
Virginia to hold an election of Burgesses and to summon a 
General Assembly.-- The King's immediate motive for this 
important step was his desire to gain the planters' acceptance 
through their representatives of an offer which he made to 
buy all their tobacco. In the spring of 1628 the Council wrote, 
"In obedience to his Majesties Commands wee have given 
order that all the Burgesses of Particular Plantations should 
shortly be assembled at James Citty that by the general and 
unanimous voice of the whole Colony his Majesty may receave 
a full answere."^^ Although the Assembly must have realized 
that its very existence might depend upon its compliance with 
the King's wishes, it refused to accept his proposition. The 
planters were willing to sell their tobacco to his Majesty, but 
only upon more liberal terms than those offered them. Charles 
rejected the counter-proposals of the Virginians, with some 
show of anger, but he did not abolish the Assembly, and in 
ensuing years sessions were held with great regularity.-^ 

The apprehensions of the colonists during this trying period 
were made more acute by the resignation of Sir Francis 
Wyatt. In the winter of 1625-26 the Council wrote the Vir- 
ginia commissioners, "The Governor hath long expected a 

'"P. R. O., COi-3-5. ''Hen., Vol. I, pp. 129, 130. 

^F. R., p. 648; P. R. O., CO1-4. ='P. R. O., COi-20. 
^ Bruce, Ec. Hist., Vol. I, p. 287. 



64 VIRGINIA UNDER THE STUARTS 

Successor, and the necessity of his private estate compelling 
him not to put off any longer his return for England, wee hope 
it is already provided for."^^ Great must have been the relief 
in the colony when it was learned that Sir George Yeardley 
had been chosen to succeed Governor Wyatt. Yeardley had 
been the bearer of the Virginia Magna Charta, under which 
the first Assembly had been established, and his services had 
not been forgotten by the people. But he was not destined 
to see the restoration of the Burgesses, for he died in Novem- 
ber, 1627.^^ We have lost, wrote the Council in great grief, 
"a main pillar of this our building & thereby a support to the 
whole body".^^ 

By virtue of previous appointment. Captain Francis West, 
brother of the Lord De la Warr who had lost his life in the 
service of Virginia, at once assumed the reins of government. 
Captain West continued in office until March 5th, 1629, when 
he resigned in order to return to England. ^^ John Harvey, a 
member of the Virginia commission of 1624, was the King's 
next choice for Governor, but pending his arrival, the office 
fell to one of the Council — Dr. John Pott. This man had long 
been a resident of Virginia, and had acted as Physician- 
General during the years when the sickness was at the worst. 
He is described as "a Master of Arts . . . well practiced in 
chirurgery and physic, and expert also in the distilling of 
waters, (besides) many other ingenious devices". ^^ He had 
made use of these accomplishments to poison large numbers of 
Indians after the massacre of 1622.^° This exploit caused 
the temporary loss of his place in the Council, for when 
James I settled the government after the fall of the Company, 
Pott was left out at the request of the Earl of Warwick, be- 
cause "he was the poysoner of the salvages thear".^^ In 1626 
his seat was restored to him. He seems to have been both 
democratic and convival, and is described as fond of the com- 
pany of his inferiors, "who hung upon him while his good 
liquor lasted". ^^ 

=»P. R. O., CO1-4. ''F. R., p. 647. 

'' P. R. O., CO1-4-18. ^ Gen., p. 1047. 

'" Neill, Va. Co., p. 221. '" F. R., p. 568. 

" F. R., p. 639. '' Fiske, Old Va., Vol. I, p. 252. 



THE EXPULSION OF SIR JOHN HARVEY 65 

In the spring of 1630 Sir John Harvey arrived in Vir- 
ginia. ^^ This man proved to be one of the worst of the many 
bad colonial governors. Concerned only for his own dignity 
and for the prerogative of the King, he trampled without 
scruple upon the liberties of the people, and his administration 
was marked throughout by injustice and oppression. 

His first efforts as Governor were to attempt to win the 
friendship and support of one of the Council and to bring 
humiliation and ruin upon another. He had been in Virginia 
but a few weeks when he wrote the King asking especial favors 
for Captain Samuel Matthews. "This gentleman," he said, 
"I found most readie to set forward all services propounded 
for his Majesties honor, . . . and without his faithful assist- 
ance perhaps I should not soe soon have brought the busines 
of this Country to so good effect." It would be a just reward 
for these services, he thought, to allow him for a year or two 
to ship the tobacco of his plantation into England free of 
customs.^'* At the same time Harvey seemed bent upon the 
utter undoing of Dr. Pott. Claiming that the pleasure lov- 
ing physician while Governor had been guilty of "pardoninge 
wilfull Murther, markinge other mens Cattell for his owne, 
and killing up their hoggs", Harvey suspended him from the 
Council and, pending the day of his trial, confined him to his 
plantation. ^^ 

It seems quite certain that this treatment of the two Coun- 
cillors was designed to impress upon the people a just appre- 
ciation of the Governor's power. Harvey felt keenly the 
restriction of the Council. It had been the intention of James 
and after his death Charles to restore the government of the 
colony to its original form, in which all matters were deter- 
mined by the Council. "His Majesties . . . pleasure," wrote 
the Privy Council in 1625, "is that all judgements, decrees, 
and all important actions be given, determined and undertaken 
by the advice and voices of the greater part."^*^ If these in- 
structions were adhered to, the Governor would become no 
more than the presiding officer of the Council. To this posi- 

■« Bruce, Ec. Hist., Vol. I, p. 130. ^ P. R. O., COi-5-29. 

■"P. R. O., CO I -5. ''F. R., p. 644. 



66 VIRGINIA UNDER THE STUARTS 

tion Harvey was determined never to be reduced. He would, 
at the very outset, show that he was master in Virginia, able to 
reward his friends, or to punish those that incurred his 
displeasure. 

Dr. Pott could not believe that the proceedings against him 
were intended seriously, and, in defiance of the Governor's 
commands, left his plantation to come to Elizabeth City. 
"Upon which contempt," wrote Harvey, "I committed him 
close prisoner, attended with a guard." At the earnest re- 
quest of several gentlemen, the Governor finally consented that 
he might return to his plantation, but only under bond. Pott, 
however, refused to avail himself of the kindness of his friends, 
and so was kept in confinement.^''' On the 9th of July he was 
brought to trial, found guilty upon two indictments, and his 
entire estate confiscated.^^ 

That Pott was convicted by a jury of thirteen men, three of 
them Councillors, is by no means conclusive evidence of his 
guilt. The close connection between the executive and the 
courts at this time made it quite possible for the Governor to 
obtain from a jury whatever verdict he desired. In fact it 
became the custom for a new administration, as soon as it was 
installed in power, to take revenge upon its enemies by means 
of the courts. 

Pott's guilt is made still more doubtful by the fact that 
execution of the sentence was suspended "untill his Majesties 
pleasure might be signified concerning him", while the Council 
united in giving their security for his safe keeping.^^ Harvey 
himself wrote asking the King's clemency. "For as much," 
he said, "as he is the only Physician in the Colonic, and skilled 
in the Epidemicall diseases of the planters, ... I am bound to 
entreat" your Majesty to pardon him.'**' It would seem quite 
inexplicable that Harvey should go to so much trouble to con- 
vict Dr. Pott, and then write immediately to England for a 
pardon, did not he himself give the clue to his conduct. "It 

"P. R. O., CO1-5-31. 

'^P. R. O., COi-5-32; Hen., Vol. I., p. 145. 
"'P. R. O., CO1-5; Hen., Vol. I, p. 146. 
" P. R. O., COi-s. 



THE EXPULSION OF SIR JOHN HARVEY 67 

will be," he said, "a means to bring the people to . . . hold a 
better respect to the Governor than hitherto they have done."'*^ 
Having shown the colonists that he could humble the strong- 
est of them, he now sought to teach them that his intercession 
with the King could restore even the criminal to his fonner 
position. 

When Dr. Pott was at Elizabeth City his wife was reported 
to be ill, but this did not deter her from making the long and 
dangerous voyage to England to appeal to the King "touching 
the wrong" done her husband.''- Charles referred the matter 
to the Virginia commissioners, who gave her a hearing in the 
presence of Harvey's agent. Finding no justification for the 
proceedings against him, they wrote Harvey that for aught 
they could tell Pott had demeaned himself well and that there 
seemed to have been "some hard usage against him".'*^ The 
sentence of confiscation seems never to have been carried out, 
but Pott was not restored to his seat in the Council.^'* 

This arbitraiy conduct did not succeed in intimidating the 
other Councillors. These men must have felt that the attack 
upon Dr. Pott was aimed partly at the dignity and power of 
the Council itself. If Harvey could thus ruin those that in- 
curred his displeasure, the Councillors would lose all inde- 
pendence in their relations with him. Soon they were in open 
hostility to the Governor. Clairning that Harvey could do 
nothing without their consent, and that all important matters 
had to be determined "by the greater number of voyces at the 
Councell Table", they entered upon a policy of obstruction. It 
was in vain that the Governor declared that he was the King's 
substitute, that they were but his assistants, and that they were 
impeding his Majesty's business; they would yield to him only 
the position of first among equals. Early in 1631 Harvey was 
filling his letters to England with complaints of the "wayward- 
ness and oppositions of those of the Councell". "For instead 
of giving me assistance," he declared, "they stand Contesting 
and disputing my authoritie, avering that I can doe nothinge 
but what they shall advise me, and that my power extendeth 

"P. R. O., COi-5-32. ^^'P. R. O.. COi-5-33. 

*'P. R. O., COi-5-33. "P. R. O., COi-6. 



68 VIRGINIA UNDER THE STUARTS 

noe further than a bare casting voice."^^ He had received, he 
claimed, a letter from the King, strengthening his commission 
and empowering him to "doe justice to all men, not sparinge 
those of the Councell", which he had often shown them, but this 
they would not heed. "I hope," he wrote, "you never held me 
to be ambitious or vainglorious, as that I should desire to live 
here as Governor to predominate, or prefer mine owne particu- 
lar before the generall good." My position in Virginia is 
most miserable, "chiefly through the aversions of those from 
whom I expected assistance". He had often tried to bring 
peace and amity between them, but all to no purpose, for he was 
scorned for his efforts. He would be humbly thankful if his 
Majesty would be pleased to strengthen his commission, "that 
the place of Governor and the duty of Councellors may be 
knowne and distinguished".^^ 

It is probable that the Councillors also wrote to England, to 
place before the King their grievances against Harvey, for 
before the end of the year letters came from the Privy Council, 
warning both sides to end the dispute and to proceed peacefully 
with the government of the colony. In compliance with these 
commands they drew up and signed a document promising "to 
swallow up & bury all forepart Complainte and accusations in 
a generall Reconciliation". They thanked their Lordships for 
advice that had persuaded their "alienated & distempered" 
minds to thoughts of love and peace and to the execution of 
public justice. The Council promised to give the Governor 
"all the service, honor & due Respect which belongs unto him 
as his Majesties Substitute". ^''^ It is quite evident, however, 
that this reconciliation, inspired by fear of the anger of the 
Privy Council, could not be permanent. Soon the Council, 
under the leadership of Captain Matthews, who had long since 
forfeited Harvey's favor, was as refractory as ever. 

A new cause for complaint against the Governor arose with 
the founding of Maryland. In 1623 George Calvert, the first 
Lord Baltimore, had received a grant of the great south- 
eastern promontory in Newfoundland, and had planted there a 

«P. R. O., COi-6-34. "P. R. O., COI-6-3S, 57. 

*'P. R. O., CO I -6-37. 



THE EXPULSION OF SIR JOHN HARVEY 69 

colony as an asylum for English Catholics. Baltimore himself 
had been detained in England for some years, but in 1627 
came with his wife and children to take personal control of 
his little settlement. His experience with the severe New- 
foundland winter persuaded him that it would be wise to trans- 
fer his colony to a more congenial clime. "From the middle 
of October," he wrote Charles I, "to the middle of May there 
is a sad face of winter upon all the land; both sea and land so 
frozen for the greater part of the time as they are not pene- 
trable . . . besides the air so intolerable cold as it is hardly 
to be endured. ... I am determined to commit this place to 
fishermen that are able to encounter stormes and hard weather, 
and to remove myself with some forty persons to your Majes- 
ties dominion of Virginia; where, if your Majesty will please to 
grant me a precinct of land, with such privileges as the King 
your father . . . was pleased to grant me here, I shall en- 
deavour to the utmost of my power, to deserve it."'^^ 

In 1629 he sailed for Virginia, with his wife and children, 
and arrived at Jamestown the first day of October. His recep- 
tion by Governor Pott and the Council was by no means cordial. 
The Virginians were loath either to receive a band of Catholics 
into their midst, or to concede to them a portion of the land 
that they held under the royal charters. Desiring to be rid of 
Baltimore as speedily as possible, they tendered him the oath of 
supremacy. This, of course, as a good Catholic he could not 
take, for it recognized the English sovereign as the supreme 
authority in all ecclesiastical matters. Baltimore proposed an 
alternative oath of allegiance, but the Governor and Council 
refused to accept it, and requested him to leave at once. Know- 
ing that it was his intention to apply for a tract of land within 
their borders, the Virginians sent William Claiborne after him 
to London, to watch him and to thwart his designs. 

Despite Claiborne's efforts a patent was granted Baltimore, 
making him lord proprietor of a province north of the Potomac 
river, which received the name of Maryland. Baltimore, with 
his own hand, drew up the charter, but in April, 1632, before 
it had passed under the Great Seal, he died. A few weeks 

*^ Fiske, Old Va., Vol. I, pp. 262, 263. 



70 VIRGINIA UNDER THE STUARTS 

later the patent was issued to his eldest son, Ceciliiis Calvert. 
The Virginians protested against this grant "within the Limits 
of the Colony", claiming that it would interfere with their 
Indian trade in the Chesapeake, and that the establishment of 
the Catholics so near their settlements would "give a generall 
disheartening of the Planters". ^^ But their complaints availed 
nothing. Not only did Charles refuse to revoke the charter, but 
he wrote the Governor and Council commanding them to give 
Lord Baltimore every possible assistance in making his settle- 
ment. You must, he said, "suffer his servants and Planters 
to buy and transport such cattle and comodities to their Colonic, 
as you may conveniently spare . . . and give them . . . such 
lawful assistance as may conduce to both your safetyes".^^ 

The second Lord Baltimore appointed his brother, Leonard 
Calvert, Governor of Maryland, and sent him with two vessels 
and over three hundred men to plant the new colony. In Feb- 
ruary, 1634, the expedition reached Point Comfort, where it 
stopped to secure from the Virginians the assistance that the 
King had promised should be given them. 

They met with scant courtesy. The planters thought it a 
hard matter that they should be ordered to aid in the establish- 
ment of this new colony. They resented the encroachment 
upon their territories, they hated the newcomers because most 
of them were Catholics, they feared the loss of a part of their 
Indian trade, and they foresaw the growth of a dangerous 
rival in the culture of tobacco. Despite the King's letter they 
refused to help Calvert and his men. "Many are so averse," 
wrote Harvey, "that they crye and make it their familiar talke 
that they would rather knock their Cattell on the heades than 
sell them to Maryland. "^^ The Governor, however, not daring 
to disobey his' sovereign's commands, gave the visitors all the 
assistance in his power. "For their present accomodation," 
he said, "I sent unto them some Cowes of myne owne, and will 
do my best to procure more, or any thinge else they stand in 
need of."^^ This action secured for Harvey the praise of the 

** P. R. O., COi-6-39. =" P. R. O., COi-6-39. 

"' P. R. O., COi-6-46. °' P. R. O., COi-6-46. 



THE EXPULSION OF SIR JOHN HARVEY 71 

Privy Council, but it made him more unpopular with his 
Council and the people of Virginia. 

After a stay of several weeks at Point Comfort, Calvert 
sailed up the Chesapeake into the Potomac, and founded the 
town of Saint Mary's. This, however, was not the first settle- 
ment in Maryland. In 1631, William Claiborne, returning 
from England after his unsuccessful attempt to block the issu- 
ing of Baltimore's charter, had established a settlement upon 
Kent Island in the Chesapeake Bay. Here he had built dwell- 
ings and mills and store houses, and had laid out orchards and 
gardens. In thus founding a colony within Baltimore's terri- 
tory he was sustained by the Council. When Calvert arrived 
in 1 634 he sent word to Claibbrne that he would not molest his 
settlement, but since Kent Island was a part of Maryland, he 
must hold it as a tenant of Lord Baltimore. Upon receipt of 
this message Claiborne laid the matter before his colleagues of 
the Virginia Council, and asked their commands. The answer 
of the Councillors shows that they considered the new patent 
an infringement upon their prior rights and therefore of no 
effect. They could see no reason, they told Claiborne, why 
they should render up the Isle of Kent any more than the other 
lands held under their patents. As it was their duty to main- 
tain the rights and privileges of the colony, his settlement must 
continue under the government and laws of Virginia. 

Despite the defiant attitude of the Virginians, it is probable 
that Calvert would have permitted the Kent Islanders to remain 
unmolested, had not a report spread abroad that Claiborne was 
endeavoring to persuade the Indians to attack Saint Mary's. 
A joint commission of Virginians and Marylanders declared 
the charge false, but suspicion and ill will had been aroused, and 
a conflict could not be avoided. In April, 1635, Governor Cal- 
vert, alleging that Claiborne was indulging in illicit trade, fell 
upon and captured one of his merchantmen. In great indigna- 
tion the islanders fitted out a vessel, the Cockatrice, to scour the 
Chesapeake and make reprisals. She was attacked, however, 
by two pinnaces from Saint Mary's and, after a severe conflict 
in which several men were killed, was forced to surrender. A 
few weeks later Claiborne gained revenge by defeating the 
Marylanders in a fight at the mouth of the Potomac. 



72 VIRGINIA UNDER THE STUARTS 

In these encounters the Kent Islanders had the sympathy of 
the Virginia planters. Excitement ran high in the colony, and 
there was danger that an expedition might be sent to Saint 
Mary's to overpower the intruders and banish them from the 
country. Resentment against Harvey, who still gave aid and 
encouragement to Maryland, became more bitter than ever. 
His espousal of the cause of the enemies of Virginia made the 
planters regard him as a traitor. In 1635 Samuel Matthews 
wrote to Sir John Wolstenholme, "The Inhabitants also under- 
stood with indignation that the Marylanders had taken Capt. 
Claibournes Pinnaces and men . . . which action of theirs Sir 
John Harvey upheld contrary to his Majesties express com- 
mands. "^^ The Councillors held many "meetings and consul- 
tations" to devise plans for the overthrow of the new colony, 
and an active correspondence was carried on with Baltimore's 
enemies in England in the vain hope that the charter might 
yet be revoked. ^^ 

Matters were now moving rapidly to a crisis. Harvey's 
administration became more and more unpopular. Sir John 
Wolstenholme, who kept in close touch with the colony, de- 
clared that the Governor's misconduct in his government was 
notorious at Court and in the city of London.^^ When, in the 
spring of 1635, he was rudely thrust out of his office, the com- 
plaints against him were so numerous that it became necessary 
to convene the Assembly to consider them.^^ 

To what extent Harvey usurped the powers of the General 
Assembly is not clear, but it seems very probable that he fre- 
quently made use of proclamations to enforce his will upon 
the people.^''' It was quite proper and necessary for the Gov- 
ernor, when the houses were not in session, to issue ordinances 
of a temporary character, but this was a power susceptible of 
great abuse. And for the Governor to repeal statutes by procla- 
mation would be fatal to the liberties of the people. That 
Harvey was guilty of this usurpation seems probable from the 
fact that a law was enacted declaring it the duty of the people 

■^P. R. O., COi-6-52. "P. R. O., COi-6-46. 

'' P. R. O., COi-8-60. ^ Hen., Vol. I, p. 223. 

" Bruce, Inst. Hist., Vol. II, p. 324. 



THE EXPULSION OF SIR JOHN HARVEY 73 

to disregard all proclamations that conflicted with any act of 
Assembly.^** 

Also there is reason to believe that Harvey found ways of 
imposing illegal taxes upon the people. John Burk, in his His- 
tory of Virginia, declares unreservedly that it was Harvey's 
purpose "to feed his avarice and rapacity, by assessing, levy- 
ing, and holding the public revenue, without check or 
responsibility".^'' 

In 1634 an event occurred which aroused the anger of the 
people, widened the breach between the Governor and the Coun- 
cil, and made it evident to all that Harvey would not hesitate 
upon occasion to disregard property rights and to break the 
laws of the colony. A certain Captain Young came to Virginia 
upon a commission for the King. Wishing to build two shal- 
lops while in the colony and having need of a ship's carpenter, 
Young, with the consent of Harvey, seized a skilled servant 
of one of the planters. This arbitrary procedure was in direct 
defiance of a statute of Assembly of March, 1624, that de- 
clared that "the Governor shall not withdraw the inhabitants 
from their private labors to any service of his own upon any 
colour whatsoever".*^" 

Upon hearing of the incident Captain Samuel Matthews and 
other members of the Council came to Harvey to demand an 
explanation. The Governor replied that the man had been 
taken because Young had need of him "to prosecute with speed 
the King's service", and "that his Majesty had given him 
authority to make use of any persons he found there". ^^ This 
answer did not satisfy the Councillors. Matthews declared 
"that if things were done on this fashion it would breed ill 
bloude in Virginia", and in anger "turning his back, with his 
truncheon lashed off the heads of certain high weeds that were 
growing there". '^- Harvey, wishing to appease the Councillors, 
said, "Come gentlemen, let us goe to supper & for the night 
leave this discourse", but their resentment was too great to 
be smoothed over, and with one accord rejecting his invitation, 

"^Hen., Vol. I, p. 264. '' Burk, Vol. II, pp. 28, 29. 

•"Hen., Vol. I, p. 124. «^ P. R. O., COi-8. 

^^'P. R. O., COi-8. 



74 VIRGINIA UNDER THE STUARTS 

"they departed from the Governour in a very irreverent 
manner"."^ 

Harvey, in his letters to the Enghsh government tried to 
convey the impression that he was uniformly patient with the 
Council, and courteous in all the disputes that were constantly 
arising. That he was not always so self restrained is shown 
by the fact that on one occasion, he became embroiled with one 
of the Councillors, Captain Stevens, and knocked out some of 
his teeth with a cudgel. *^^ Samuel Matthews wrote that he had 
heard the Governor "in open court revile all the Councell and 
tell them they were to give their attendance as assistants only 
to advise with him". The Governor attempted, he declared, to 
usurp the whole power of the courts, without regard to the 
rights of the Councillors, "whereby justice was now done but 
soe farr as suited with his will, to the great losse of many 
mens estates and a generall feare in all".''^ 

In 1634 the King once more made a proposal to the colonists 
for the purchase of their tobacco, and demanded their assent 
through the General Assembly. The Burgesses, who dreaded 
all contracts, drew up an answer which was "in efifect a deniall 
of his Majesties proposition", and, in order to give the paper 
the character of a petition, they all signed it. This answer 
the Governor detained, fearing, he said, that the King "would 
not take well the matter thereof, and that they should make it 
a popular business, by subscribing a multitude of hands thereto, 
as thinking thereby to give it countenance".*"' The Governor's 
arbitrary action aroused great anger throughout the colony. 
Matthews wrote Sir John Wolstenholme, "The Consideration 
of the wrong done by the Governor to the whole Colony in 
detayning the foresaid letters to his Majesty did exceedingly 
perplex them whereby they were made sensible of the condition 
of the present Government."*''^ 

The crisis had now come. During the winter of 1634-35 
the Councillors and other leading citizens were holding secret 
meetings to discuss the conduct of the Governor. Soon Dr. 

*'P. R. O., COi-8. "P. R. O., COi-8-63. 

^P. R. O., COi-8. "P. R. O., COi-8. 

" P. R. O., CO I -8. 



THE EXPULSION OF SIR JOHN HARVEY 75 

John Pott, whose private wrongs made him a leader in the 
popular discontent, was going from plantation to plantation, 
denouncing the Governor's conduct and inciting the people to 
resistance. Everywhere the angry planters gathered around 
him, and willingly subscribed to a petition for a redress of 
grievances. In April, 1635, Pott was holding one of these 
meetings in York, at the house of one William Warrens, when 
several friends of the Governor presented themselves for ad- 
mission. "A servant meeting them told them they must not 
goe in , . . whereupon they desisted and bended themselves 
to hearken to the discourse among them." In the confusion 
of sounds that came out of the house they could distinguish 
many angry speeches against Harvey and cries against his 
unjust and arbitrary government. When Pott read his peti- 
tion, and told the assemblage that it had the support of some of 
the Councillors, they all rushed forward to sign their names. 

When Harvey heard of these proceedings he was greatly 
enraged. Summoning the Council to meet without delay, he 
issued warrants for Dr. Pott and several others that had aided 
in circulating the petition. "After a few days Potts was 
brought up prisoner, having before his apprehending bin in the 
lower parts of the Country there also mustering his names at a 
meeting called for that purpose."^^ He does not seem to have 
feared the angry threats of the Governor, for when put in 
irons and brought before the Council, he readily consented to 
surrender the offending petition. At the same time he as- 
serted "that if he had offended he did appeal to the King, for 
he was sure of noe justice from Sir John Harvey". When 
some of the other prisoners, in their hearing before the Coun- 
cil, asked the cause of their arrest, the Governor told them they 
should be informed at the gallows. 

Shortly after this the Council was summoned to deliberate 
on the fate of the accused. The Governor, fearing that he 
might not secure conviction from a jury, "declared it necessary 
that Marshall law should be executed upon" them. When the 
Councillors refused to consent to any other than a legal trial, 
Harvey flew into a furious passion. For a while he paced 

-P. R. O., CO 1-8-48. 



76 VIRGINIA UNDER THE STUARTS 

back and forth in the room hardly able to contain himself. 
At length he sat down in his chair, and with a dark countenance 
commanded his colleagues to be seated. A long pause ensued, 
and then he announced that he had a question that they must 
answer each in his turn, without deliberation or consultation. 
"What," he enquired, "doe you think they deserve that have 
gone about to persuade the people from their obedience to 
his Majesties substitute?" "And I begin with you," he said, 
turning to Mr. Minifie. "I am but a young lawyer," Minifie 
replied, "and dare not uppon the suddain deliver my opinion." 
At this point Mr. Farrar began to complain of these strange 
proceedings, but Harvey commanded him to be silent. Captain 
Matthews also protested, and the other Councillors soon 
joined him in refusing to answer the Governor's question. 
"Then followed many bitter Languages from him till the 
sitting ended." 

At the next meeting Harvey asked what the Council thought 
were the reasons that the petition had been circulated against 
him, and demanded to know whether they had any knowledge 
of the matter. Mr. Minifie replied that the chief grievance 
of the people was the detaining of the letter of the Assembly 
to the King. This answer seems to have aroused the Gov- 
ernor's fury, for, arising from his seat, and striking Mr. 
Minifie a resounding blow upon the shoulder, he cried, "Doe 
you say soe? I arrest you upon suspicion of treason to his 
Majesty." But Harvey found that he could not deal thus 
arbitrarily with the Councillors. Utie and Matthews rushed 
up and seizing him cried, "And we you upon suspicion of 
treason to his Majestie". Dr. Pott, who was present and had 
probably been waiting for this crisis, held up his hand as a 
signal to confederates without, "when straight about 40 mus- 
ketiers . . . which before that time lay hid, came . . . run- 
ning with their peeces presented" towards the house. "Stay 
here," commanded Pott, "until there be use of you." 

In the meanwhile the Councillors crowded around Harvey. 
"Sir," said Matthews, "there is no harm intended you save 
only to acquaint you with the grievances of the Inhabitants 
and to that end I desire you to sit downe in your Chayre." 



THE EXPULSION OF SIR JOHN HARVEY ^^ 

And there, with the enraged Governor seated before him, he 
poured out the recital of the people's wrongs. When he had 
finished there came an ominous pause. Finally Matthews spoke 
again. "Sir," he said, "the peoples fury is up against you and 
to appease it, is beyond our power, unlesse you please to goe 
for England, there to answer their complaints." But this 
Harvey refused to do. He had been made Governor of 
Virginia by the King, he said, and without his command he 
would not leave his charge. 

But before many days the Governor changed his mind. 
He found himself deserted by, all and entirely in the power of 
the Councillors. As sentinals' were placed "in all wayes & 
passages so that noe man could travell or come from place to 
place", he could make no effort to raise troops. Dr. Pott 
and the other prisoners were set at liberty. A guard was 
placed around Harvey, ostensibly to protect him, but really 
with the purpose of restraining him. A letter came from 
Captain Purifee, a Councillor then in the "lower parts" of 
the colony, which spoke of designs of the people to bring 
Harvey to account for his many wrongs. In alarm the Gov- 
ernor consented to take the first ship for England. He en- 
deavored, however, to name his successor, to induce Matthews, 
Pierce, and Minifie to go with him to England, and to secure 
a promise from the Council not to molest Maryland. But they 
would consent to none of these things. 

In the meantime an Assembly had been called to consider 
the innumerable grievances against the Governor. When 
they met at Jamestown, Harvey sent them a letter, declaring 
the session illegal and ordering them to disperse to their homes. 
"Notwithstanding his threats . . . the assembly proceeded 
according to their former intentions." Harvey then dispatched 
a letter to the Council, ordering them to send him his royal 
commission and instructions, but these documents had been 
intrusted to the keeping of Mr. Minifie with directions not 
to surrender them. The Council then turned themselves to 
the task of selecting a successor to Harvey. Their unanimous 
vote was given to Captain Francis West, the senior member 
of the board and formerly Governor. Feeling that since the 



78 VIRGINIA UNDER THE STUARTS 

expulsion of Harvey had been primarily a movement to pro- 
tect the rights of the people, the Burgesses should have some 
voice in the election of the new Governor, they appealed to 
the Assembly for the ratification of their choice. West was 
popular in the colony, and ''the people's suffrages" were cast 
for him as willingly as had been those of the Council. The 
Assembly then drew up resolutions setting forth the mis- 
conduct of Harvey and justifying their course in sending 
him back to England. These documents were entrusted to 
one Thomas Harwood, who was to deliver them to the King. 
Of what happened after Harvey's departure we have little 
record, but it is probable that the colonists revenged them- 
selves upon the deposed Governor by confiscating all his ill 
gotten possessions. 

It was decided that Dr. Pott should go to England to stand 
trial as his appeal to the King had taken the case beyond the 
jurisdiction of the Virginia courts. He and Harwood sailed 
upon the same vessel with Sir John. It is not hard to imagine 
with what dark looks or angry words Pott and Harvey greeted 
each other during their long voyage across the Atlantic. 
Doubtless Harwood and Pott held many a consultation upon 
what steps should be taken when they reached England to 
secure a favorable hearing for the colony, and to frustrate 
Harvey's plans for revenge. It was Harwood's intention to 
hasten to London, in order to forestall the Governor and 
"to make friends and the case good against him, before he 
could come".^^ But Sir John was too quick for him. Hardly 
had the ship touched the dock at Plymouth, than he was off 
to see the mayor of the city. This officer, upon hearing of the 
"late mutiny and rebellion" in' Virginia, put Pott under arrest, 
"as a principal author and agent thereof", and seized all the 
papers and letters that had been entrusted to Harwood. Hav- 
ing thus gotfc6»T his hands upon the important documents, 
Harvey proceeded to London to complain of the indignities 
shown him and to ask for the punishment of his enemies. 

When Charles I learned that the Virginians had deposed 
his Governor and sent him back to England, he was surprised 

"P. R. O., CO1-8-61. 



THE EXPULSION OF SIR JOHN HARVEY 79 

and angered. It was, he said, an assumption of regal power 
to oust thus unceremoniously one of his officers, and he was 
resolved to send Harvey back, if for one day only. And 
should the Governor acquit himself of the charges against 
him, he was to be inflicted upon the colony even longer than 
had at first been intended. The case came before the Privy 
Council in December 1635.'^'^ In the charges that were made 
against Harvey nothing was said of the illegal and arbitrary 
measures that had caused the people to depose him. All ref- 
erence was omitted to the detaining of the Assembly's letter, 
to the support given Maryland, to the abuse of the courts, to 
illegal taxes and proclamations. Possibly the agents of the 
Virginians felt that such accusations as these would have no 
weight with the ministers of a monarch so little in sympathy 
with liberal government, so they trumped up other charges 
to sustain their cause. Despite the assertion of Harwood that 
Harvey "had so carryed himself in Virginia, that if ever hee 
retourned back thither hee would be pistolled or Shott", he 
was acquitted and restored to his office. West, Utie, Mat- 
thews, Minifie and Pierce, whom Harvey designated as the 
"chief actors in the munity", were ordered to come to Eng- 
land, there to answer before the Star Chamber the charge of 
treason.'''^ 

As the time approached for him to return to Virginia, Har- 
vey began to show symptoms of nervousness. Feeling possibly 
that the threats of "pistolling" were not to be taken lightly, 
he requested the King to furnish him a royal vessel in which 
to make the journey. The appearance of one of the King's 
own ships in the James, he thought, would "much abate the 
bouldness of the offenders". This request was granted, and, 
after some months of delay, Harvey set forth proudly in the 
Black George. But Charles had not cared to send a really 
serviceable vessel to Virginia, and for a while it seemed that 
the Black George would relieve the colonists of their troubles 
by taking Sir John to the bottom. The vessel, it would appear, 
sprank a leak before it had been many hours at sea. and was 
forced to return to port. The Governor then decided that 

™ P. R. O., COi-8-62. " P. R. O., CO1-8-61. 



8o VIRGINIA UNDER THE STUARTS 

a merchant vessel would suffice for his purposes, and set sail 
again, upon a ship of the Isle of Wight. 

He reached Point Comfort in January, 1637. Not wishing 
to wait until his ship reached Jamestown before asserting his 
authority, he landed at once and established a temporary 
capital at Elizabeth City. He had received instructions to re- 
move from the Council all the members that had taken part 
in the "thrusting out", and he brought with him commissions 
for several new members. Orders were issued immediately 
for this reconstructed Council to convene in the church at 
Elizabeth City. There, after the oath had been administered, 
he published a proclamation of pardon to all persons impli- 
cated in the "mutiny", from which, however, West, Mat- 
thews, and the other leaders were excluded. The Governor 
then proceeded to displace all officials whom he considered 
hostile to his administration. "Before I removed from Eliza- 
beth City," he wrote, "I appointed Commissioners and sher- 
iffs for the lower counties, and for the plantation of Accomack, 
on the other side of the Bay." 

The "thrusting out" did not cause Harvey to become more 
prudent in the administration of the government. His resto- 
ration, which Charles had meant as a vindication of the royal 
authority, the Governor seems to have interpreted as a license 
for greater tyranny. H the accusations of his enemies may 
be credited, he went to the greatest extremes in oppressing 
the people and in defying their laws. With the Council now 
completely under his control, he was master of the courts, and 
inflicted many great wrongs by means of "arbitrary and illegal 
proceedings in judgment". Confiscations and other "most 
cruel oppressions", it was declared, were used to punish all 
that showed themselves hostile to his government. He and 
his officers did not scruple to impose many unjust fines, which 
they converted "to their own private use", nor to strike terror 
into the people with whippings and "cutting of ears".'''^ 

Nor did Sir John neglect to take revenge upon those old 
enemies that had so defied and humiliated him. West, Utie, 
Matthews and Pierce were sent at once to England, and their 

"Report of Com. on Hist. Mans. 3. 



THE EXPULSION OF SIR JOHN HARVEY 8i 

goods, cattle and servants seized. Beyond doubt it was against 
Samuel Matthews that Harvey bore the most bitter animosity, 
and it was his estate that suffered most. The Governor had 
been heard to say that if one "stood, tother should fall, and if 
hee swomme, the other should sinke". Matthews was one 
of the wealthiest men of the colony, his property consisting 
largely of cattle, but Sir John now swore that he would not 
leave him "worth a cow taile". At the next session of the 
Quarter Court, suit was entered against Matthews by one John 
Woodall, for the recovery of certain cattle. The learned 
judges, upon investigation, found that in the year 1622 Mat- 
thews held two cows rightfully belonging to Woodall. It was 
their opinion that the increase of these cows "unto the year 
1628 . . . might amount unto the number of fifteen". "Com- 
puting the increase of the said fifteen head from the year 
1628 to the time of their inquiry, they did return the number 
of fiftye head to the said Woodall."'^^ 

When Matthews heard that his estate had been seized and 
"havoc made thereof", he entered complaint with the Privy 
Council and secured an order requiring Harvey to restore all 
to his agents in Virginia. But the Governor was most reluc- 
tant to give up his revenge upon his old enemy. For seven 
months he put off the agents and at last told them that he had 
received new orders from the Privy Council, expressing satis- 
faction with what had been done and bidding him proceed.'^* 
Thereupon Secretary Kemp and other friends of the Governor 
entered Matthews' house, broke open the doors of several 
chambers, ransacked all his trunks and chests, examined his 
papers, and carried away a part of his goods and eight of his 
servants. '^^ Soon after, however, Harvey received positive 
commands from the Privy Council to make an immediate 
restoration of all that had been taken. In January, 1639, he 
wrote that he had obeyed their Lordships exactly, by calling 
a court and turning over to Matthews' agents many of his 
belongings. '^^ But Harvey denied that he had ever appropri- 
ated the estate to his own use, and claimed that he had been 

"P. R. O., CO1-10-14. '"P. R. O., CO1-9-121. 

'=P. R. O., CO1-9-121. '"P. R. O., COi-io-6. 



82 VIRGINIA UNDER THE STUARTS 

misrepresented by "the Cunning texture of Captain Mathews, 
his complaint". '^''^ 

Among those that felt most keenly the Governor's resent- 
ment was a certain clergyman, Anthony Panton. This man 
had quarrelled with Harvey's best friend and chief advisor 
in the stormy days of the expulsion. Secretary Matthew Kemp. 
Panton had incurred Kemp's undying resentment by calling 
him a "jackanapes", "unfit for the place of secretary", and 
declaring that "his hair-lock was tied up with ribbon as old 
as St. Paul's". ''^^ The belligerent parson was now brought 
to trial, charged with "mutinous speeches and disobedience to 
Sir John Harvey", and with disrespect to the Archbishop of 
Canterbury. His judges pronounced him guilty and inflicted 
a sentence of extreme rigor. A fine of £500 was imposed, 
he was forced to make public submission in all the parishes of 
the colony, and was banished "with paynes of death if he 
returned, and authority to any man whatsoever to execute 
him."^^ 

In the meanwhile the Governor's enemies in England had 
not been idle. Matthews, Utie, West and Pierce, upon land- 
ing in 1637, had secured their liberty under bail, and had 
joined with Dr. Pott in an attempt to undermine Harvey's 
influence at Court. Had Sir John sent witnesses to England 
at once to press the charges against them before the Star 
Chamber, while the matter was still fresh in the memory of 
the King, he might have brought about their conviction and 
checked their plots. But he neglected the case, and Charles 
probably forgot about it, so the whole matter was referred to 
the Lord Keeper and the Attorney-General where it seems to 
have rested. ^^ The exiles had no difficulty in finding promi- 
nent men willing to join in an attack upon Harvey. Before 
many months had passed they had gained the active support 
of the "sub-committee" of the Privy Council to which Virginia 
affairs were usually referred. ^^ Harvey afterwards com- 
plained that members of this committee were interested in a 

"P. R. O., COi-io-6. "Fiske, Old Va., Vol. I, p. 295. 

" P. R. O., COi-io-32. " P. R. O., COi-io-73. 

"P. R. O., COi-io-io. 



THE EXPULSION OF SIR JOHN HARVEY 83 

plan to establish a new Virginia Company and for that reason 
were anxious to bring discredit upon his government.^^ It 
was not difficult to find cause enough for removing Sir John. 
Reports of his misconduct were brought to England by every 
vessel from the colony. Numerous persons, if we may believe 
the Governor, were "imployed in all parts of London to be 
spyes", and to "invite the meanest of the planters newly 
come for England into Taverns", where they made them talka- 
tive with wine and invited them to state their grievances. ^^ 

The English merchants trading to Virginia also entered 
complaint before the Privy Council against Harvey's admin- 
istration. They sought relief from a duty of two pence per 
hogshead on all tobacco exported from the colony, from a fee 
of six pence a head on immigrants, and a requisition of powder 
and shot laid upon vessels entering the James.^^ The Privy 
Council, always careful of the welfare of British trade, wrote 
the Governor and the Council, demanding an explanation of 
these duties and requiring an account of the powder and shot. 
Harvey replied at great length, justifying the duties and beg- 
ging their Lordships not to credit "the malitious untruths of 
such who by all means do goe about and studie to traduce us". 

But the Privy Council, not waiting to receive all of Harvey's 
defense, decided to remove him and to appoint in his place Sir 
Francis Wyatt.^^ The new Governor was directed to retain 
the old Council and to confirm Kemp as Secretary.^*^ But he 
was authorized to restore to Matthews any part of his estate 
yet withheld from him, and to reopen in the Virginia courts 
the case against Anthony Panton.^"^ The day of reckoning 
had now arrived. When Wyatt reached Virginia, he lost 
no time in bringing Harvey to account for his misdeeds. He 
was arraigned before the courts, where he was forced to 
answer countless complaints of injustice and oppression, and 
to restore to their owners his ill gotten gains. Kemp wrote, in 
March, 1640, that Sir John was being persecuted with great 
rigor, that most of his estate had been confiscated, and at the 

'^'P. R. O., COi-io-io. '"P. R. O., CO1-10-15. 

""P. R. O., CO1-10-5. '=^P. R. O., CO1-10-3. 

*•?. R. O., COi-io-43. "P. R. O., COi-io-26, 22. 



84 VIRGINIA UNDER THE STUARTS 

next court would assuredly be swept away.**^ A few weeks 
later Harvey wrote to Secretary Windebank, to relate his 
misfortunes. "I am so narrowly watched," he complained, 
"that I have scarce time of priviledge for these few lines, 
which doe humbly crave of you to acquaint his Majesty how 
much I groan under the oppressions of my prevayling enemies, 
by whom the King's honor hath soe much suffered and who 
are now advanced to be my judges, and have soe farr already 
proceeded against me as to teare from me my estate by an 
unusuall way of inviting my creditors to clamour." He 
wished to return to England, there to repair his fortunes and 
seek revenge upon his enemies, but for some time he was 
detained in Virginia. The new Governor thought best to 
keep him in the colony where it would be difficult for him to 
plot against the administration. Harvey wrote, "I am denyed 
my passage for England notwithstanding my many infirmities 
and weaknesses of body doe crave advice and help beyond the 
skill and judgment which this place can give."^^ 

"Sir John being . . . layed flatt," the Governor next turned 
his attention to Kemp.^*^ Sir Francis, who had strong reasons 
for hating the Secretary, summoned him into court to explain 
his offenses against Anthony Panton. Realizing that he had 
little hope of clearing himself, Kemp sought to leave for Eng- 
land, but his enemies restrained him. "I am extremely in- 
jured," he wrote in April, 1640, "and shall suffer without 
guilt, unless my friends now assist me, . . . the Governor 
and Council here . . . aim at my ruin."^^ 

But Wyatt feared to retain Harvey and Kemp permanently 
in Virginia. Both had powerful friends who might take the 
matter before the King or the- Privy Council. So, in the end, 
both made their way to England, taking with them the charter 
and many important letters and records.^" It was now their 
turn to plot and intrigue to overthrow the party in power. ^^ 
And so quickly did their efforts meet success that before 
Wyatt had been in office two years he was recalled and Sir 
William Berkeley made Governor in his place. 

'"P. R. O., CO1-10-61. *'P. R. O., COi-io-67. 

=" P. R. O., COi-io-64. I. "' P. R. O., COi-io-64. 

'" Report of Com. on Hist. Man., 3. "* Report of Com. on Hist. Man., 3. 



CHAPTER IV 
Governor Berkeley and the Commonwealth 

Sir William Berkeley, who succeeded Governor Wyatt in 
1642, is one of the striking figures of American colonial his- 
toiy. Impulsive, brave, doginatic, unrelenting, his every action 
is full of interest. He early displayed a passionate devotion 
to the house of Stuart, which remained unshaken amid the 
overthrow of the rrionarchy and the triumph of its enemies. 
When the British Commons had brought the unhappy King 
to the block, Berkeley denounced them as lawless tyrants and 
pledged his allegiance to Charles II. And when the Common- 
wealth sent ships and men to subdue the stubborn Governor, 
they found him ready, with his raw colonial militia, to fight for 
the prince that England had repudiated. Throughout his life 
his chief wish was to win the approbation of the King, his 
greatest dread to incur his censure. 

Berkeley did not know fear. When, in 1644, the savages 
came murdering through the colony, it was he that led the 
planters into the forests to seek revenge. In 1666, when a 
Dutch fleet sailed into the James and captured a number of 
English vessels, the Governor wished to sally out in person 
with a few merchantmen to punish their temerity. 

He possessed many of the graces of the courtier, and seems 
to have charmed, when he so desired, those with whom he 
came in contact. His friends are most extravagant in his 
praises, and their letters refer to him as the model soldier, 
statesman and gentleman. 

The overthrow of Sir Francis Wyatt was a severe blow to 
the enemies of the old Harvey faction. Anthony Panton en- 
tered a protest against the change of administration, claiming 
that it had been brought about by surreptitious means and that 
no just complaint could be made against Governor Wyatt. ^ At 

^ Report of Commission on Hist. Manuscripts. 3. 
85 



86 VIRGINIA UNDER THE STUARTS 

his petition Berkeley was ordered to postpone his departure 
for Virginia until the matter could be investigated further. 
Upon signing an agreement, however, to protect the interests 
of Wyatt and his friends, he was allowed to sail and reached 
the colony in 1642. 

The new Governor soon showed that he had no intention of 
persecuting Harvey's enemies, or of continuing the bitter 
quarrels of the preceding administrations. In his first Council 
we find Samuel Matthews, William Pierce and George Minifie, 
all of whom had been implicated in the "thrusting out".^ 
Whether proceeding under directions from the English gov- 
ernment, or actuated by a desire to rule legally and justly, he 
conferred a priceless blessing upon the colony by refusing to 
use the judiciary for political persecution. So far as we can 
tell there was no case, during his first administration, in which 
the courts were prostituted to personal or party ends. Thomas 
Ludwell afterwards declared that it was a convincing evidence 
of Berkeley's prudence and justice that after the surrender to 
the Commonwealth, when his enemies might easily have 
hounded him to his ruin, "there was not one man that either 
publickly or privately charged him with injustice".^ In 
March, 1643, ^"^^ affixed his signature to a law allowing appeals 
from the Quarter Courts to the Assembly. This right, which 
seems not to have been acknowledged by Sir John Harvey, 
was of the very highest importance. It gave to the middle 
class a share in the administration of justice and afforded an 
effectual check upon the abuse of the courts by the Governor 
and Council. 

Berkeley greatly endeared himself to the poor planters by 
securing the abolition of a poll tax that contributed to the 
payment of his own salary.^ "This," the Assembly declared, 
"is a benefit descending unto us and our posterity which we 
acknowledge contributed to us by our present Governor."^ 
Berkeley also made an earnest effort to relieve the burden 
of the poor by substituting for the levy upon tithables "as- 
sessments proportioning in some measure payments according 

'Hen., Vol. I, p. 235. * P. R. O., COi-20. 

*Hen., Vol. I, pp. 236, 2^7. "Hen., Vol. I, pp. 236, 237. 



GOVERNOR BERKELEY AND THE COMMONWEALTH 87 

to mens abilities and estates". But the colonial legislators soon 
found a just distribution of the taxes a matter of great diffi- 
culty, and we are told that the new measures, "through the 
strangeness thereof could not but require much time of con- 
troverting and debating".*^ In 1648 the experiment was 
abandoned and the old oppressive tax upon tithables revived.''' 

During the first administration of Berkeley numerous other 
measures were adopted tending to augment the liberty and 
prosperity of the people. In 1643 ^ ^^-w was passed prohibit- 
ing the Governor and Council from imposing taxes without 
the consent of the Assembly.^ At the same session Berkeley 
assented to a statute exempting the Burgesses from arrest 
during sessions of Assembly and for ten days after dissolu- 
tion.^ The fees of the Secretary of State were limited and 
fixed in order to prevent excessive and unjust charges by that 
officer. i« 

That the colonists were not insensible of the Governor's 
liberal conduct is shown by their generosity to him on more 
than one occasion. In 1642 they presented him with an "or- 
chard with two houses belonging to the collony ... as a free 
and voluntary gift in consideration of many worthy favours 
manifested towards the collony". ^^ In 1643, when the war in 
England caused the suspension of Berkeley's pensions and 
allowances from the King, the Assembly voted a tax of two 
shillings per poll on all tithable persons as a temporary relief.^- 

When Sir William assumed the government in 1642 he was 
conscious that an effort was being made in England to restore 
the old London Company of Virginia, and it became his first 
care to thwart this design. In 1639 George Sandys had been 
sent to England as the agent of the Assembly and had pre- 
sented a petition in the name of the Virginia planters, to the 
House of Commons, for the restoration of the old corpora- 
tion. ^^ The Assembly of April, 1642, called together by Ber- 
keley, repudiated entirely the action of their agent, declaring 

* Hen., Vol. I, p. 2i-7. ' Hen., Vol. I, p. 356. 

"Hen., Vol. I, p. 244. 'Hen., Vol. I, p. 263. 

'"Hen., Vol. I, p. 265. "Hen., Vol. I, p. 267. 

" Hen., Vol. I, pp. 280, 281. ^* Hen., Vol. I, p. 230. 



88 VIRGINIA UNDER THE STUARTS 

that he had misunderstood his instmctions. The renewal of 
the Company, they said, was never "desired, sought after or 
endeavoured to be sought for either directly or indirectly by 
the consent of any Grand Assembly or the common consent of 
the people". They drew up a petition to the King, expressing 
their desire to remain under his immediate care and protection, 
citing the many blessings of the present order of government, 
and drawing the most melancholy picture of their sufferings 
before the revocation of the charter. "The present happiness," 
they said, "is exemplified to us by the freedom of yearly as- 
semblies warranted unto us by his majesties gratious instruc- 
tions, and the legal trial per juries in all criminal and civil 
causes where it shall be demanded."^'* 

This declaration of loyalty and contentment, reaching 
Charles at a time when so many of his subjects were rising in 
rebellion against his authority, was most pleasing to the un- 
fortunate monarch. "Your acknowledgement," he replied 
to the Governor and the Assembly, "of our grace, bounty, and 
favour, towards you, and your so earnest desire to continue 
under our immediate protection, is very acceptable to us." 
"And," he continued, "as we had not before the least intention 
to consent to the introduction of any company over that our 
Colony, we are by it much confirmed in our resolution, as 
thinking it unfit to change a form of government wherein 
our subjects there . . . receive much contentment and 
satisfaction.^^ 

In the early years of Berkeley's administration the colony 
experienced another horrible Indian massacre. As in 1622 
the blow came without warning. The cruel and barbarous war 
that followed the first massacre had long since come to an end 
and for many years there had been peace between the two 
races. It is true that the friendly relations that resulted from 
the marriage of Rolfe and Pocahontas had not been restored, 
that the Indians were not allowed to frequent the English 
settlements, that no weapons were sold them, but the peace 
was fairly well observed and there was no reason to suspect 
the savages of treachery. 

"Hen., Vol. I, p. 231. "Va. Hist. Reg., Vol. I, p. 160. 



GOVERNOR BERKELEY AND THE COMMONWEALTH 89 

The plot originated in the brain of Opechancanough. This 
remarkable savage was long supposed to have been the brother 
of Powhatan, but newly discovered evidence tends to show that 
this was not the case. It is known that he belonged to a 
foreign tribe that came from the far southwest. Having, it is 
supposed, been defeated in a battle with the Spaniards, he had 
led his people to Virginia and united them with the tribes under 
the command of Powhatan. This tremendous march must 
have consumed many months, and have been beset with count- 
less dangers, but Opechancanough overcame them, and "con- 
quered all along from Mexico" to Virginia. ^^ He was now an 
extremely aged man. Being unable to walk he was carried 
from place to place upon a litter. His eyelids were so heavy 
that he could not of his own volition move them, and attendants 
stood always ready to raise them whenever it became necessary 
for him to see.^^ But his mind was clear, his force of will 
unshaken, and the Indians paid him the reverent obedience 
that his able leadership demanded. 

Opechancanough planned the massacre for April i8th, 1644, 
and it was carried out upon that date with the utmost ferocity. ^^ 
The slaughter was even greater than in 1622, and no less than 
five hundred Christians are said to have been destroyed. ^^ 
But this calamity fell almost entirely upon the frontier coun- 
ties at the heads of the great rivers, and upon the plantations 
on the south side of the James. The savages could not pene- 
trate to the older and more populous communities of the lower 
peninsula. For this reason the disaster, horrible as it was, 
did not overwhelm the entire colony and threaten its destruc- 
tion as had the massacre of 1622. 

Another deadly war with the savages ensued immediately. 
Sir William Berkeley several times placed himself at the head 

"P. R. O., COs-1371-6 to 16. "Beverley. 

"The Assembly, in 1645, ordered that the i8th of April be celebrated 
ever afterwards for the deliverance of the colony from the savages. 
Hen., Vol. I, p. 290. The year is fairly wrell determined by the fact 
that mention of an Indian war occurs for the first time, during this 
period, in the statutes of the session of Assembly of October, 1644. 
Hen., Vol. I, p. 285. 

" Beverley. 



90 VIRGINIA UNDER THE STUARTS 

of large expeditions and carried fire and destruction to many 
Indian villages.^" As in the former war, the naked and poorly 
armed natives could not withstand the English, and, deserting 
their homes, they usually fled into the woods at their approach. 
And again the white men brought famine upon them by going 
out each year in the months of July and August to cut down 
their growing maize.^^ In order to protect the isolated fron- 
tier plantations the Governor ordered the people to draw 
together in fortified camps, strong enough to resist the assaults 
of a large body of the savages.-- "He strengthened the weak 
Families," it was said, "by joining two or three . . . together 
and Palizaded the houses about. "^^ 

Despite these wise measures the savages would probably 
have continued the war many years had not Opechancanough 
fallen into the hands of the English. The old king was sur- 
prised by Sir William Berkeley, and, because of his decrepitude, 
was easily captured.^^ He was taken in triumph to Jamestown, 
where the Governor intended to keep him until he could be sent 
to England and brought before Charles I. But a few days 
after the capture, a common soldier, in revenge for the harm 
done the colony by Opechancanough, shot the aged and help- 
less prisoner in the back.^^ 

Soon aftfer this event the Indians sued for peace. Dis- 
couraged and starving, they promised to become the friends 
and allies of the whites forever, if they would cease their hos- 
tility and grant them their protection. A treaty was drawn 
up and ratified by the Assembly and by the new Indian king 
Necotowance.-*^ It provided that the savages should acknowl- 
edge the King of England as their sovereign and overlord; 
that Necotowance and his successors should pay as tribute 
"the number of twenty .beaver skins at the goeing of the Geese 
yearly"; that all the land between the York and the James 
from the falls of both rivers to Kecoughtan should be ceded to 
the English ; that all white prisoners and escaped negroes should 
be returned. In compensation the English agreed to protect 

'' P. R. O., CO1-30-71 ; CO1-41-111. ^ P. R. O., CO5-1371-6 to 16. 

""005-1371-6 to 16. '*COs-i37i-6 to 16. 

^P. R. O., CO1-41-111. =" Beverley. 

-'"Hen., Vol. I, p. 323. 



GOVERNOR BERKELEY AND THE COMMONWEALTH 91 

the savages from the attacks of their enemies and to resign to 
them as their hunting ground the territory north of the 
York River. 2'^ This peace, which was most beneficial to the 
colony, was not broken until 1676, when the incursions of the 
wild Susquehannocks involved the native Virginia tribes in a 
new conflict with the white men.^^ 

During the civil war that was at this time convulsing Eng- 
land most of the influential Virginia planters adhered to the 
party of the King. They were, with rare exceptions, members 
of the established church, and could have little sympathy with 
a movement that was identified with dissenters. If the triumph 
of Parliament was to bring about the disestablishment of the 
Church, or even the toleration of Presbyterians and Indepen- 
dents, they could not give them their support. Moreover, 
loyalty to the House of Stuart was strong in Virginia. The 
very remoteness of the planters from the King increased their 
reverence and love. They could not be present at court to see 
the monarch in all his human weakness, so there was nothing 
to check their loyal imaginations from depicting him as the 
embodiment of princely perfection. Nor had the wealthy 
families of the colony aught to anticipate of economic or 
political gain in the triumph of Parliament. Possessed of large 
estates, monopolizing the chief governmental offices, wielding 
a great influence over the Assembly and the courts, and looking 
forward to a future of prosperity and power, they could not 
risk their all upon the uncertain waters of revolution. Some, 
no doubt, sympathized with the efforts that were being made 
in England to limit the King's power of taxing the people, 
for the colony had always contained its quota of liberals, but 
the dictates of self-interest must have lulled them into qui- 
escence. And the Governor, in this hour of need, proved a 
veritable rock of loyalty for the King. None that showed 
leanings towards the cause of Parliament could expect favors 
of any kind from Sir William Berkeley. Moreover, if they 
spoke too loudly of the rights of the people and of the tyranny 
of monarchs, they might find themselves under arrest and 
charged with treason. 

="Hen., Vol. I, p. 2,23. =" P. R. O., CO1-30-71. 



92 VIRGINIA UNDER THE STUARTS 

But there was another faction in Virginia, composed largely 
of small planters and freedmen, which sympathized with the 
aims of their fellow commons of the mother country. Promi- 
nent among these must have been a small number of Virginia 
Puritans, who had for some years been subjected to mild perse- 
cution. The overwhelming sentiment of the colony had long 
been for strict uniformity in the Church "as neere as may be 
to the canons in England", and several statutes had been passed 
by the Assembly to suppress the Quakers and Puritans. ^^ In 
1642, Richard Bennett and others of strong Calvinistic lean- 
ings, sent letters to Boston requesting that Puritan ministers 
be sent to Virginia, to minister to their non-conformist 
congregations. ^° The New Englanders responded readily, 
despatching to their southern friends three ministers of dis- 
tinction — William Thompson, John Knowles and Thomas 
James. Despite the laws against non-conformity these men 
anticipated little interference with their work and even brought 
letters of introduction from Governor Winthrop to Sir William 
Berkeley.^^ Little did they know the temper of the new Vir- 
ginia Governor. So far from welcoming this Puritan invasion 
Berkeley detennined to meet it with measures of stern 
repression. A bill was put through the Assembly requiring 
all ministers within the colony to conform to the "orders and 
constitutions of the church of England", both in public and in 
private worship, and directing the Governor and Council to 
expel all dissenters from the country.^^ Disheartened at this 
unfriendly reception, James and Knowles soon returned to 
New England, leaving Thompson to carry on the work. This 
minister, in defiance of the law, lingered long in Virginia, 
preaching often and making many converts. 

Among those that embraced the Calvinistic tenets at this 
time was Thomas Harrison, formerly Berkeley's chaplain. 
Harrison seems to have regarded the massacre of 1644 as a 
judgment of God upon the colonists for their persecution of the 
Puritans. His desertion of the established Church aroused 
both the anger and the alarm of the Governor and in 1648 he 

^*Hen., Vol. I, p. 123, 149, 277. ^ Bruce, Inst. Hist, Vol. I, p. 254. 

'' Bruce, Inst. Hist., Vol. I, p. 254. ^' Hen., Vol. I, p. 277. 



GOVERNOR BERKELEY AND THE COMMONWEALTH 93 

was expelled from his parish for refusing to use the Book of 
Common Prayer. Later he left the colony for New England. 

This persecution, although not severe enough to stamp out 
dissent in Virginia, could but arouse among the Puritans a 
profound dissatisfaction with the existing government, and 
a desire to cooperate with their brethren of England in the 
great contest with the King. Although not strong enough to 
raise the Parliamentary standard in the colony and to seek 
religious freedom at the sword's point, the Puritans formed a 
strong nucleus for a party of opposition to the King and his 
Governor. 

Moreover, in addition to the comparatively small class of 
Puritans, there must have been in the colony hundreds of 
men, loyal to the established church, who yet desired a more 
liberal government both in England and in Virginia. A strong 
middle class was developing which must have looked with 
sympathy upon the cause of the English Commons and with 
jealousy upon the power of the Virginia Governor and his 
Council. There is positive evidence that many poor men had 
been coming to Virginia from very early times, paying their 
own passage and establishing themselves as peasant proprietors. 
Wills still preserved show the existence at this period of many 
little farms of five or six hundred acres, scattered among the 
great plantations of the wealthy. They were tilled, not by 
servants or by slaves, but by the freemen that owned them. 
Depending for food upon their own cattle, hogs, corn, fruit and 
vegetables, and for the other necessities of life upon their 
little tobacco crops, the poor farmers of Virginia were devel- 
oping into intelligent and useful citizens. They constituted 
the backbone of a distinct and powerful middle class, which 
even at this early period, had to be reckoned with by aristo- 
cracy and Governor and King. 

This section of the population was constantly being recruited 
from the ranks of the indentured servants. The plantations of 
the rich were tilled chiefly by bonded laborers, brought from 
the mother country. So long as land was plentiful in Virginia 
the chief need of the wealthy was for labor. Wage earners 
could not supply this need, for the poor man would not till the 



94 VIRGINIA UNDER THE STUARTS 

fields of others when he could have land of his own almost for 
the asking. So the planters sumioimted this difficulty by- 
bringing workmen to the colony under indenture, to work 
upon their farms for a certain number of years. Many a poor 
Englishman, finding the struggle for existence too severe at 
home, thus surrendered for a while his liberty, that in the end 
he might acquire a share in the good things of the New World. 
After serving his master five or six years the servant usually 
was given his liberty and with it fifty acres of land and a few 
farm implements. Thus equipped, he could, with industry and 
frugality, acquire property and render himself a useful citizen 
in his adopted country. There can be no doubt that many 
hundreds of former servants, become prosperous, did unite 
with the free immigrants of humble means to form a vigorous 
middle class. 

Nothing could be more natural than that the small farmers 
should regard Parliament as the champion of the poor Eng- 
lishman at home and in the colony. They knew full well that 
if Charles should triumph over the Commons, his victory would 
mean greater power for their Governor, greater privilege 
for the wealthy planters. On the other hand, the King's defeat 
might bring increased influence to the middle class and to the 
Burgesses. 

It is not possible to determine how numerous was the Parlia- 
mentary party in Virginia, but the faction was powerful 
enough to cause serious apprehension to the loyalists. So 
bitter was the feeling that fears of assassination were enter- 
tained for Sir William Berkeley, and a guard of ten men was 
granted him. We are "sensible", declared the Assembly, in 
1648, "of the many disafTections to the government from a 
schismaticall party, of whose intentions our native country of 
England hath had and yet hath too sad experience". ^^ 

But the commons of Virginia were not prepared to raise the 
standard of revolt. They must have lacked organization and 
leaders. Most of the aristocracy and wealth of Virginia was 
arrayed against them, while the government was in the hands 
of a man noted for his passionate attachment to the Throne. 

=^'Hen., Vol. I, p. 355- 



GOVERNOR BERKELEY AND THE COA/fMONWEALTH 95 

The Parliamentary party must have felt it best to await the 
event of the struggle in England, pinning their hopes upon the 
success of their comrades there. But even after Parliament 
had won the victory, after the King had been executed, they 
were not strong enough to overthrow Berkeley's government 
and force Virginia into obedience to the Commonwealth. 

The news of the death of Charles I filled the royalists of 
Virginia with grief and anger. It seemed to them that the 
cause of law and order and religion in the unhappy kingdom 
had fallen with their monarch. Moreover, they could but ex- 
pect the victorious party, after settling all at home, to extend 
their arms to the little colony and force upon them a reluctant 
obedience to the new government. But the intrepid Berkeley- 
was determined never to submit until compelled to do so by 
force of arms. Charles II was proclaimed King. The As- 
sembly was called together and a law enacted declaring it high 
treason to question, even by insinuation, the "undoubted & 
inherent right of his Majesty ... to the Collony of Virginia, 
and all other his majesties dominions".^'* The Assembly re- 
ferred to Charles I in terms of reverence and affection, as their 
late blessed and sainted King, and, unmindful of consequences, 
denounced his executioners as lawless tyrants. For any person 
to cast dishonor or censure upon the fallen monarch, or to 
uphold in any way the proceedings against him, or to assert 
the legality of his dethronement, was declared by the Assembly 
high treason. "And it is also enacted," they continued, "that 
what person soever, by false reports and malicious rumors shall 
spread abroad, among the people, any thing tending to change 
of government, . . . such persons, not only the authors 
of . . . but the reporters and divulgers thereof, shall be 
adjudged guilty. "^^ 

Even before the news of these events reached England, Sir 
William had aroused the anger of Parliament by his persecu- 
tion of the Puritans. Some of the people of Nansemond 
county had written, complaining of the banishment of Mr. 
Harrison, whom they described as an able minister and a man 
of splendid character. The English Council wrote Berkeley 
^*Hen., Vol. I, p. 360. ^^ Hen., Vol. I, p. 361. 



96 VIRGINIA UNDER THE STUARTS 

commanding him to restore Mr. Harrison to his parish. "Wee 
know," they said, "you cannot be ignorant that the use of the 
common prayer book is prohibited by the parliament of Eng- 
land."^*^ And when they learned that the colony had refused 
to acknowledge the Commonwealth, and still adhered to the 
House of Stuart, they were determined to punish the Virgin- 
ians for their temerity. Since it would be exceedingly in- 
convenient at this time of uncertainty and change to send an 
expedition across the Atlantic, it was decided to bring the 
colonists to their senses by cutting off their foreign trade. An 
act was passed by Parliament in October, 1650, declaring that 
since the colony had been settled by the English at great cost 
to the nation, it should rightly be under the authority of the 
present government ; that divers persons in Virginia had com- 
mitted open treason, "traytorously by force and Subtilty" 
usurping the government and defying the Commonwealth ; and 
in order to repress speedily the rebellious colonists and to 
inflict upon them a merited punishment, they were to be for- 
bidden all "Commerce or Traffique with any people Whatso- 
ever". The full force of the English navy was to be used in 
carrying out this act, and all commanders were directed to 
seize and bring in foreign vessels found trading with the 
colony. No English ships were to sail for Virginia without 
special license from the Council of State.^^ 

This was a dire threat indeed. To cut off all commerce with 
England and foreign countries would bring utter ruin upon the 
planters, for their tobacco crop would then be without a market. 
Even now, however, the Governor did not falter in his loyalty. 
He felt, no doubt, that Parliament would have difficulty in 
enforcing this act, and he looked to the Dutch merchantmen 
to take off the tobacco. 

Before an Assembly called together in March, 1651, Ber- 
keley delivered an address ringing with defiance of Parliament. 
"Gentlemen," he said, "you perceave by the Declaration that 
the men of Westminster have set out, . . . liow they meane to 
deale with you hereafter. . . . Indeed me thinks they might 
have proposed something to us which might have strengthened 

""Sp. Dom. Inter., 1-94. =" Scobell, Vol. II, p. 132. 



GOVERNOR BERKELEY AND THE COMMONWEALTH 97 

US to beare those heavy chaines they are making ready for us, 
though it were but an assurance that we shall eat the bread for 
which our owne Oxen plow, and with our owne sweat we 
reape; but this assurance (it seems) were a franchise beyond 
the Condition they have resolv'd on the Question we ought to 
be in : For the reason why they talk so Magisterially to us is 
this, we are forsooth their worships slaves, bought with their 
money and by consequence ought not to buy, or sell but with 
those they shall Authorize with a few trifles to Coszen us of all 
for which we toile and labour. . . . The strength of their 
argument runs onely thus : we have laid violent hands on your 
Land-lord, possessed his Manner house where you used to 
pay your rents, therefore now tender your respects to the same 
house you once reverenced. . . . They talke indeed of money 
laid out in this country in its infancy. I will not say how little, 
nor how Centuply repaid, but will onely aske, was it theirs? 
They who in the beginning of this warr were so poore, & 
indigent, that the wealth and rapines of three Kingdomes & 
their Churches too cannot yet make rich." 

The Governor then began an impassioned appeal to the As- 
sembly to remain firm in their loyalty to the Crown. "Surely 
Gentlemen," he cried, "we are more slaves by nature, than 
their power can make us if we suffer ourselves to be shaken 
with these paper bulletts, & those on my life are the heaviest 
they either can or will send us. . . . You have heard under 
what heavy burthens the afflicted English Nation now groans, 
and calls to heaven for relief : how new and formerly unheard 
of impositions make the wifes pray for barrenness and their 
husbands deafnes to exclude the cryes of their succourles, starv- 
ing children. . . . Consider your selves how happy you are 
and have been, how the Gates of wealth and Honour are shut 
to no man, and that there is not here an Arbitrary hand that 
dares to touch the substance of either poore or rich : But that 
which I woud have you chiefly consider with thankfullnes is : 
That God hath separated you from the guilt of the crying bloud 
of our Pious Souveraigne of ever blessed memory : But mis- 
take not Gentlemen part of it will yet stain your garments if 
you willingly submit to those murtherers hands that shed it ; I 



98 VIRGINIA UNDER THE STUARTS 

tremble to thinke how the oathes they will impose will make 
those guilty of it, that have long abhor'd the traiterousnesse 
of the act. . . . Gentlemen by the Grace of God we will not 
so tamely part with our King, and all these blessings we enjoy 
under him; and if they oppose us, do but follow me, I will 
either lead you to victory, or lose a life which I cannot more 
gloriously sacrifice then for my loyalty, and your security."^^ 

When the Governor had completed his appeal the obnoxious 
act of Parliament was read aloud. The Assembly then passed a 
series of resolutions, reiterating their loyalty to the Crown, 
denouncing the Commons as usurpers and regicides, and de- 
fending themselves against the charge of treachery and rebel- 
lion. They had, they declared, adhered always to the "Lawes 
of England", which enjoined upon them the oaths of allegiance 
and supremacy, and they refused now, at the bidding o f Pa rlia- 
ment, to break their word by renouncing their King. They 
could not be expected to give passive obedience~^to~every party 
that possessed themselves of Westminster Hall, where the 
heads of divers factions had followed each other in quick suc- 
cession. They had been accused of usurping the government 
of the colony, but their records would show that they had 
never swerved from their allegiance. And it ill became the Par- 
liament that had overthrown the English constitution to bring 
such accusations. Finally, they declared, "we are resolv'd to 
Continue our Allegeance to our most Gratious King, yea as 
long as his gratious favour permits us, we will peaceably trade 
with the Londoners, and all other nations in amity with our 
Soveraigne : Protect all f orraigne Merchants with our utmost 
force in our Capes: Allwaies pray for the happy restoration 
of our King, and repentance in them, who to the hazard of 
their soules have opposed him."^^ 

As Berkeley had foreseen, the English found it impossible 
to enforce a strict blockade. The government could not spare 
war vessels enough to close the Virginia capes, and foreign 
merchantmen continued to sail unmolested into the James and 
the York, bringing goods to the planters and taking off their 
tobacco. Indeed the Dutch took advantage of this quarrel 

^Va. Mag., Vol. I., p. IT. ''Va. Mag.. Vol. I, pp. 75 to 8i. 



GOVERNOR BERKELEY AND THE COMMONWEALTH 99 

between colony and mother counti-y to extend their American \ 
trade at the expense of the EngHsh merchants. The Council of ] 
State was soon made to realize by the complaints that poured 
in from the London shippers, that the "Blockade Act" was 
injuring England more than the refractory colony. 

At this moment, several leaders of the Virginia Parliamen- 
tary party came to the Council at Westminster and repre- 
sented to it the necessity of fitting out an expedition to j 
overthrow the Berkeley government. They could plead that I 
the blockade had proved ineffective, that the honor of the Com- I 
monwealth demanded the prompt subjection of the impudent 
Governor, that the cooperation of the Virginia commons 
would make the task easy. Nor could they omit to remind the 
Councillors that it was their duty to bring relief to their 
fellow Puritans of Virginia. 

At all events the Council, seeing the necessity of prompt 
action, sent forth a well armed expedition under the command 
of Captain Robert Denis to subdue both the Barbadoes and 
Virginia. But wishing to avoid, if possible, open hostilities, 
at the same time they sent commissioners to treat with the 
colonists and persuade them to submit peaceably to the Com- 
monwealth. The Council of State evidently expected active 
assistance from the Parliamentary party in the colony in these 
efforts to establish the new political order, for they gave di- 
rections to the commissioners to raise troops in the plantations, 
to appoint captains and other officers, and to guarantee free- 
dom to all servants that volunteered to fight with the Common- 
v^^ealth forces. They were given power to grant pardon to all 
that submitted, making such exceptions as they thought proper, 
and were directed to establish a new government in accord 
v^ith the present constitution of England. 

When, in the spring of 1652, the British fleet sailed up the 
James river, Captain Denis found the intrepid Berkeley pre- 
pared for a strenuous resistance. With the guns of the war- 
ships approaching his capital, with English soldiers ready for 
a landing, with a strong party in the colony in sympathy with 
the invaders, he might well have despaired. Resistance would 
certainly entail enormous misfortunes upon the colony — 



lOO VIRGINIA UNDER THE STUARTS 

bloodshed, devastation, civil strife — and success could be but 
temporary. Should he beat off the present expedition, others 
too powerful to be resisted would undoubtedly follow, and 
the punishment of the colony would be but the more severe. 

Yet the Governor did not falter. He called around him the 
full strength of the colonial militia, posted them to good ad- 
vantage, and himself took active command. Several Dutch 
vessels that had been trading in the James were pressed into 
service, filled with men and moored in close to Jamestown, 
with their guns trained upon the approaching enemy. Behind 
them were several land batteries. The whole made an im- 
posing appearance, and might well have given apprehension 
to the invaders. 

Fortunately, however, the threatened conflict was averted 
by the persuasion of the Parliamentary commissioners. These 
men, anxious to avoid civil war, availed themselves of the 
authority given them by the Council of State, to offer very 
lenient terms of surrender. Some of them seem to have pre- 
ceded the fleet to Virginia, to consult with their friends and 
to formulate plans to render the Governor's resistance ineffec- 
tual. It is not improbable that these efforts were seconded by 
some of the most prominent men of the colony. Two members 
of the Council itself, it is said, who possessed goods of great 
value upon vessels in the fleet, received warning that their 
property would be at once confiscated, if they gave their sup- 
port to the Governor. They therefore were constrained to 
advocate submission. With division in the ranks of the 
colonists and with the invaders ready for action, even Ber- 
keley was at last forced to give way and consent to a 
capitulation. 

The terms of surrender were drawn up at Jamestown and 
agreed to by the commissioners on the one hand, and by the 
Governor, Council and Burgesses on the other. It was agreed 
first, that Virginia should acknowledge its due allegiance to 
the Commonwealth of England, and "to the lawes there es- 
tablished". This submission, it was declared, was "a voluntary 
act, not forced nor constrained by a conquest upon the coun- 
try". ^^ It was also stipulated "that the people of Virginia have 
^'Hen, Vol. I, p. 363. 



GOVERNOR BERKELEY AND THE COMMONWEALTH loi 

free trade as the people of England do enjoy to all places and 
with all nations according to the lawes of that commonwealth". 
Even more interesting was the agreement "that Virginia shall 
be free from all taxes, customs and impositions whatsoever, 
and none to be imposed on them without consent of the Grand 
Assembly, and soe that neither fforts nor castles bee erected 
or garrisons maintained without their consent". When these 
terms of surrender were reported to the English government, 
Parliament thought that the commissioners had been too liberal 
in their concessions, and some of the articles were not ratified. 

The commissioners granted full pardon and indemnity for 
all "acts, words or writeings done or spoken against the 
parliament" and any persons refusing to take the oath of 
allegiance to the new government were given "a yeares 
time ... to remove themselves and their estates out of Vir- 
ginia". The use of the Book of Common Prayer was per- 
mitted for one year in the parishes that so desired, and no 
ministers were deprived of their charges or their livings.'*^ 

Separate articles were drawn up between the commissioners 
and the Governor and Council. Neither Berkeley nor the 
Co uncillors were to ^e c ompelled, duri ng the ensuing twelve 
months, to take the oath of allegia nce^ ^They w£ re,_nQt lo Jbe 
censured" for speakmg well m prrvateof the King. They were 
given leave to sell all their property and to quit the country 
without molestation. They were permitted to send a message 
to Charles II, giving an account of the surrender. ■*- 

The commissioners were now confronted with the all-impor- 
tant task of establishing a new government. They had been 
given power by the Council of State to hold an election of 
Burgesses granting the franchise to all who had taken the 
oath of allegiance. Feeling, doubtless, a reluctance to assume 
the entire responsibility of moulding a new constitution, they 
resolved to wait until the Burgesses assembled and to consult 
with them in all their measures. The election was held without 
delay, and the members were sworn in on April 26th, 1652. 

The Burgesses and the commissioners then entered upon a 
long and serious debate concerning "the settling and govern- 

"Hen., Vol. I, pp. 363-365. "^Hen., Vol. I, pp. 365-367. 



102 VIRGINIA UNDER THE STUARTS 

ing of Virginia". '^^ The English Council had not, it would 
seem, given specific directions in regard to this work, so the 
members of the little constitutional convention were practically 
at liberty to do what they chose. Realizing, however, that all 
might be changed if it proved unsatisfactory to Parliament, 
they proceeded cautiously. Their chief concern was to estab- 
lish a tentative government that would prevent present con- 
fusion and could later be perfected by the Council of State. 
It so happened, however, that the English, amid the confusion 
of the times, neglected to attend to this matter, and the work of 
the convention remained essentially unaltered throughout the 
Commonwealth period. 

The House of Burgesses, since it had been officially recog- 
nized by the Council of State, was made the chief governing 
body of the colony. Except for the veto of the English gov- 
ernment its power was to be unlimited. It was to elect the 
Governor and to specify his duties. If his administration 
proved unsatisfactory it might remove him from office. The 
Burgesses were also to elect the Council, to prescribe its 
functions and limit its power. This proud body, which had 
formerly been so powerful, was now to exist only on the suf- 
frage of the House. It was even debated whether Councillors 
should be admitted to membership in the General Assembly. 
The appointment of all officials was also to "appertain to the 
Burgesses, the representatives of the people", but it was agreed 
that for the present most of the first nominations should be 
left to the Governor and the commissioners.^'* 

Thus did Virginia become in all but name a republic. In 
England, the long cherished hope of the patriots for liberty 
was to be disappointed by the- usurpation of Oliver Cromwell, 
and the victory of Parliament over the stubborn Charles was 
to result only in the substitution of one despot for another. 
But the commons of Virginia, although they had played an 
insignificant role in the great drama of the times, were to reap 
the reward which was denied their cousins of England. Their 
government for the next eight years was to be truly represen- 
tative of the people. Nor did the English government often 

*^Hen., Vol. I, p. 371. "Hen., Vol. I, pp. 371, 373. 



GOVERNOR BERKELEY AND THE COMMONWEALTH 103 

interfere with their affairs. Busy with his numerous wars and 
with the cares of administration, the Protector never found 
time to acquaint himself thoroughly with what was happening 
in Virginia. In 1653, and again in 1658, Cromwell promised 
to make some definite regulations for the government of the 
colony, but he was interrupted on each occasion before he 
could put his resolutions into effect. That it was his intention, 
however, to keep the appointment of the Governor in his own 
hands seems certain. In 1654 the Assembly received word 
that his Highness had decided then to continue Colonel Ben- 
nett, of whose good character he had heard, in the execution of 
his office, until he could further signify his pleasure. In 1657, 
the Council of State requested Cromwell to appoint some person 
to go to Virginia as its Governor, but this he failed to do.^^ 
With the exception of such spasmodic interruptions as these, 
and the partial enforcement of the Navigation Acts, the colony 
was left almost to its own devices throughout the Common- 
wealth period. 

By the unanimous vote of the commissioners and the Bur- 
gesses Mr. Richard Bennett was made Governor. This choice 
must have been satisfactory both to the English government 
and the Parliamentary party in the colony. Mr. Bennett had 
been one of the few prominent Virginia Puritans and had left 
the colony during the persecution of dissenters by Sir William 
Berkeley. As a member of the commission he had been instru- 
mental in bringing about the surrender and saving the colony 
from civil war. It was agreed that he should serve for one 
year, "or untill the next meeting of the Assembly", but as 
his administration proved most satisfactory he was continued 
in office by Cromwell until March 31st, 1655. ^'^ 

The new government, however, was not to be established 
entirely without disorder and strife. In the interval between 
the surrender and the assembling of the Burgesses affairs on 
the Eastern Shore assumed a threatening aspect. The people 
of Northampton, many of whom seem formerly to have been 
favorable to the Commonwealth, became ill affected to the new 

"Sp. Dom. Int., 1-75; Hen., Vol. I, p. 510; Bruce, Inst. Hist., Vol. II, 
p. 302. 
^'Hen., Vol. I, pp. 371, 408. 



104 VIRGINIA UNDER THE STUARTS 

regime, even before it was well begun. A number of things 
conspired to bring about this change. Among the inhabitants 
of Northampton were a number of Dutch who- had settled there 
during the preceding decade. When war broke out between 
Holland and England in 1652 it was rumored that these people 
were conspiring with the Indians to bring about another 
massacre in Virginia. Groundless as these suspicions were, 
they infuriated the English and caused grave fears for the 
safety of the Dutch planters. When the justices of the peace 
took precautions to protect the unfortunate foreigners their 
action caused discontent and bitterness against the new govern- 
ment. Moreover, the Navigation Acts, recently passed by 
Parliament, restricting foreign trade would, if enforced, prove 
especially damaging to the people of the Eastern Shore. Fi- 
nally, Northampton had not been represented in the Assembly 
since 1647, except for one Burgess in 1651, and the belief 
had sprung up that the county was to become independent of 
the government at Jamestown. For various reasons, therefore, 
Northampton was hostile to the government. And when the 
Parliamentary commissioners imposed upon them a tax of 
forty-six pounds of tobacco per poll, the people of the county 
voiced their anger in no uncertain terms, and selected a com- 
mittee of six to draw up a statement of their grievances and 
present it to the new Assembly. 

"Wee," they protested, "the Inhabitants of Northampton 
Countie doe complanye that from tyme to tyme wee have been 
submitted & bine obedient unto the paymt of publeq taxacons. 
Butt after ye yeare 1647, since yt tyme wee Conceive & have 
found that ye taxes were very weightie. But in a more es- 
petiall manner . . . the taxacon of fforty sixe pounds of 
tobacco p. poll (this present yeare). And desire yt ye same bee 
taken off ye charge of ye Countie; furthermore wee alledge 
that after 1647, wee did understand & suppose or Countie or 
Northampton to be disioynted & sequestered from ye rest of 
Virginia. Therefore that Llawe wch requireth & inioyneth 
Taxacons from us to bee Arbitrarye & illegall; fforasmuch 
as wee had neither summons for Ellecon of Burgesses nor 
voyce in their Assemblye (during the time aforesd) but only 



GOVERNOR BERKELEY AND THE COMMONWEALTH 105 

the Singular Burgess in September, Ano., 165 1. Wee con- 
ceive that wee may LawfulHe ptest agt the pceedings in the Act 
of AssembHe for pubHq Taxacons wch have relacon to 
Northmton Countie since ye year 1647."^" 

Thus early in the history of the colony was enunciated the 
principle that taxation without representation is unjust and 
illegal. The men of Northampton do not speak of the doctrine 
as something new, but as a thing understood and recognized. 
Certain it is that the people of Virginia, in all periods of their 
colonial history, realized the vast importance of confining the 
power of taxation to their own Assembly. 

But the leaders of the new government did not receive the 
petition with favor.. They were willing to give Northampton 
her due quota of Burgesses, but they were angered at the 
suggestion of separation. Moreover, the disorders on the 
Eastern Shore became more pronounced and the justices were 
compelled to seek aid from the Council in protecting the Dutch. 
In June, 1653, the turbulent people met and, amid scenes of 
disorder, denounced the action of the authorities. When a 
voice from the crowd cried out that the justices were a "com- 
pany of asses and villyanes", the people roared out their appro- 
val. The Assembly, at its meeting in June, 1653, was forced to 
take active steps to suppress the agitation and to restore order 
upon the peninsula. Mr. Bennett with several members of the 
Assembly, was sent to Northampton, "for the settlement of the 
peace of that countie, and punishinge delinquents". In this he 
seems to have been entirely successful, for we hear no more 
of disorders upon the Eastern Shore during this period.'** 

When the commissioners and the Burgesses, in 1652, es- 
tablished anew the gubernatorial office, they were somewhat 
vague in defining the duties belonging to it. They first de- 
clared that Mr. Bennett was to exercise "all the just powers 
and authorities that may belong to that place lawfully".'*^ But 
that it was not their intention to give the new officer the pre- 
rogatives enjoyed by the royal Governor is shown by their 
further statement that he was to have such power only as should 

"Wise, p. 139- '^Hen., Vol. I, p. 371. 

*'Wise, pp. 114, lis; Hen., Vol. I, p. 380. 



io6 VIRGINIA UNDER THE STUARTS 

be granted him from time to time by the Assembly. ^*^ This 
lack of clearness led, quite naturally, to several clashes between 
the legislative and executive branches of the government. 

At the session of Assembly of July, 1653, the Burgesses 
showed that they would brook no interference from the Gov- 
ernor with their affairs. On the eve of the election of the 
Speaker, they received a message from Mr. Bennett and the 
Council advising them not to choose a certain Lieutenant- 
Colonel Chiles. Although it was clearly shown that this gen- 
tleman could not serve with propriety, the Burgesses gave 
him the election, merely, it would seem, as a rebuke to the 
presumption of the Governor.^ ^ 

Edward Digges, who succeeded Mr. Bennett, seems to have 
had no clash with the Assembly, but during the next adminis- 
tration, when Samuel Matthews was Governor, the executive 
made a determined effort to break the power of the Burgesses. 
At the session of 1658, the Governor and the Council sent a 
message to the Assembly declaring that body dissolved.^- This 
move startled the Burgesses. The royal Governors had always 
possessed the right of dissolving the House, but no such au- 
thority had been delegated to the new executive. Moreover, 
it was inconsistent with the theory, upon which everyone had 
acted since the surrender in 1652, that all power resided in 
the representatives of the people. "The said disolution," 
replied the House, "as the case standeth is not presidentall 
neither legall according to the lawes, now in force, Therefore 
wee humbly desire a revocation of the said declaration."^^ 

Although the Burgesses replied thus courteously they were 
deeply angered. Rightly judging this to be a challenge to 
their power, they resolved to show once more that they were 
supreme in the government. They voted, therefore, to ignore 
the dissolution. And it was ordered that if any member left 
his seat he was to be censured "as a person betraying the trust 
reposed in him by his country". ^^ An oath of secrecy was 
administered to all present, while the Speaker was directed to 

'"Hen., Vol. I, p. ^72. "Hen., Vol. I, pp. ziT, 378. 

'"Hen., Vol. I, p. 499. "'Hen., Vol. I, p. 499. 

"Hen., Vol. I, p. 500. 



GOVERNOR BERKELEY AND THE COMMONWEALTH 107 

''sign nothing without the consent of the major part of the 
house". 

Staggered by the determined attitude of the Burgesses, the 
Governor and Council at once showed signs of weakening. 
They were willing, they said, to allow the Assembly to continue 
its deliberations, provided the work were brought to a speedy 
conclusion. The "dispute of the power of disolving and the 
legality thereof" they wished to refer to the Lord Protector. 
But the House resolved unanimously that this answer was 
unsatisfactory. The withdrawal of the dissolution was not 
enough, the Governor and Council must acknowledge that their 
act was illegal and therefore had never taken effect. "The 
House, unsatisfied with these answers, appointed a committee 
to draw up a report for the manifestation and vindication of the 
Assembly's power which after presentation to the H-ouse 
to be sent to the Governour and Councell."^'* This committee 
recommended the immediate dismissal of the Council, and 
proposed resolutions declaring the "power of government to 
reside in such persons as shall be impowered by the Burgesses 
(the representatives of the people) who are not dissolvable by 
any power now extant in Virginia, but the House of Bur- 
gesses". Upon receiving this report the House proceeded to 
annul "all former election of Governour and Councill". Since 
the executive had presumed to abuse its authority by defying 
the body that had appointed it to office, it must be removed to 
evince to all the supremacy of the House. The Burgesses seem 
not to have laid the blame for this crisis upon the Governor, 
but upon some of the Councillors, who were endeavoring to 
make their own power supreme in the government. Colonel 
Matthews was, therefore, reelected, and invested with "all 
just rights and privileges belonging to the Governour and 
Captain Generall of Virginia".^® 

Fearing that the Council might offer resistance to their 
decrees, the Burgesses commanded the serjeant-at-arms of 
the Assembly and the sheriffs of James City county not to 
execute any warrant, precept or command" from any other 
person than the Speaker of the House. The Secretary of State, 

""Hen., Vol. I, p. 501. °'Hen., Vol. I, pp. 502, 503. 



io8 VIRGINIA UNDER THE STUARTS 

Colonel William Claiborne, was directed to deliver up the 
public records. But the Governor and Council seem not to 
have thought of resistance, and submitted to the recall and to 
a new election by the Assembly. Although they had just 
resolved that "for the future none bee admitted a councellor but 
such who shall be nominated, appointed and confirmed by the 
house", the Burgesses now allowed the Governor to propose 
to them a list of names for the new Council. It would seem 
that Nathaniel Bacon and Francis Willis were regarded as 
the instigators of the dissolution, for they were the only mem- 
bers of the Council which had signed the offensive order who 
were not now reelected.^ ^ 

When the Assembly met again, in March, 1659, it found that 
its supremacy was once more threatened. A letter had been 
received from Henry Lawrence, President of the Council of 
State in the home government, which seemed to imply that the 
Governor and his Council and not the Burgesses, were to hold 
the chief power in Virginia. Lawrence declared that the 
"looseness" of affairs in the colony had induced Cromwell to 
take active steps for the settlement of its constitution, but that 
these measures had been brought to a sudden halt by the Lord 
Protector's death. The matter was, however, still before the 
Council of State, and the colony might soon expect some defin- 
ite orders from its deliberations. In the meanwhile, he wrote, 
"their Lordships do will and require you the present Governour 
and Councill there to apply yourselves ... to the peaceable 
and orderly management of the affairs of that collony, accord- 
ing to such good lawes and customes as have been heretofore 
used and exercised among you".^^ 

The Burgesses were deeply -agitated by this letter. They 
at once passed resolutions promising to obey the commands 
of the Council of State, but they determined to write the new 
Lord Protector, Richard Cromwell, asking that the privileges 
of the Burgesses be confirmed. In this crisis the Governor 
gave striking evidence of his liberal inclinations by coming be- 
fore the House to promise them his support. "He acknowl- 
edged the supream power of electing officers to be by the 

"Hen., Vol. I, pp. 499, 505. ''Hen., Vol. I, p. 510. 



GOVERNOR BERKELEY AND THE COMMONWEALTH 109 

present lawes resident in the Grand Assembly", and offered 
to "joyne his best assistance with the countrey in makeing an 
addresse to his Highnesse for confirmation of their present 
priviledges".^^ 

In the meanwhile an act was prepared making some impor- 
tant changes in the constitution, but confinning the power of 
the Burgesses. It was proposed, first, that Colonel Matthews 
''bee the Governour and Captain Gennerall of Virginia for two 
yeares ensueing, and then the Grand Assembly to elect a Gov- 
ernour as they think fitt, the person elect being then one of the 
Councell". The personnel of the Council was to remain un- 
changed and for the future its members were to serve for life, 
"except in case of high misdemanors". Lastly the Governor 
was to have the privilege of nominating the Councillors, but 
the Burgesses could confirm or reject at their discretion.*^^ 
The Council at first assented to these proposals, "till the pleas- 
ure of his Highness be further signified", but later, it seems, 
they "expressly declined the said act", and declared the Assem- 
bly dissolved. *^^ Whether or not the Burgesses submitted to 
this dissolution and left the Governor and Council to govern 
the colony as they chose, does not appear. It is quite probable 
that the executive, in the interval between the sessions of 
Assembly of March 1659 and March 1660, based its right to 
rule, not upon the commission of the Burgesses, but upon the 
authority given it in Lawrence's letter. 

In May, 1659, Richard Cromwell resigned the reigns of gov- 
ernment, and England was left a prey to confusion and 
uncertainty. The Virginians did not know to what govern- 
ment to give their allegiance. None could tell whether military 
despotism would be established in England, or another Crom- 
well would arise, or the House of Stuart be restored. To add 
to their troubles, in January, 1660, Colonel Matthews died, 
leaving them without a Governor. March 13th, the Assembly 
convened. 

The Burgesses at once took steps to reestablish their ques- 
tioned prerogatives. An act was passed declaring that 

■"•Hen., Vol. I, p. 512. -^ Hen., Vol. I, p. 517. 

"Hen., Vol. I, p. 537- 



no VIRGINIA UNDER THE STUARTS 

"whereas by reason of the late frequent distractions there being 
in England noe resident absolute and gen'll confessed power; 
Be it enacted and confirmed, That the supreame power of the 
government of this country should be resident in the Assembly, 
And that all writts issue in the name of the Grand Assembly 
of Virginia, until such a comand and comission come out of 
England as shall be by the Assembly adjudged lawfull".^- 

Their next care was to elect a new Governor. Strangely 
enough their choice fell upon that staunch advocate of royalty, 
Sir William Berkeley. When the surrender had been made to 
the parliamentary commissioners in 1652, the Governor had 
secured for himself the right to quit the colony any time within 
the ensuing year. But circumstances had prevented his 
sailing during this period, and later he resolved to remain in 
Virginia. During the eight years of the Commonwealth period 
he had lived in retirement, obedient to the new government, 
but longing for the restoration of the Stuarts. Why he 
was now called forth by the Assembly to take once more the 
most important office in Virginia, cannot be certainly deter- 
mined. It seems strange that the Burgesses in one act should 
assert their own sovereignty in the most emphatic terms, and 
in the next elect as their Governor this ardent servant of the 
Crown. If it had been their only aim to choose a leader of 
executive ability, they did not lack men of power and exper- 
ience whose love of popular government was unquestioned. 
Berkeley had in his first administration ruled justly and well, 
but there is no reason to think that Virginia had been more 
prosperous and happy under him than under the Common- 
wealth Governors. It seems then most probable that the 
Assembly was actuated in its choice by an apprehension that 
the monarchy might be. restored. If the English should invite 
Charles to reclaim his lost inheritance, it would be of much 
advantage to the colony to have at its head the former royal 
Governor. It would make the restoration in Virginia easy 
and peaceful, for the staunchest republican would not dare 
resist, with Charles II on his throne and Sir William Ber- 
keley ruling at Jamestown. Moreover, it could but please 

~Hen., Vol. I, p. 530. 



GOVERNOR BERKELEY AND THE COMMONWEALTH in 

the King and recommend the colony to his favor. On the 
other hand, the Assembly was careful to reserve all real au- 
thority to itself. Sir William was to be its servant, not its 
master. If, out of the confusion in England, should emerge 
a real republic, they could force the Governor either to ac- 
knowledge the new power or to resign his commission. In 
fact the office was at first proffered him only upon condition 
that he would submit to any power, whatever it might be, that 
succeeded in fixing itself over the English people."^ 

But to this requirement Berkeley would by no means con- 
sent. He was willing, during the present interregnum, to 
hold office from the people of Virginia, but never from any 
English power save that of the Crown. In an address to 
the Assembly, outlining his conduct during the troubles of 
the past eleven years, he made it quite clear that his sympa- 
thies had undergone no change. "When I came first into this 
Countrie," he said, "I had the Commicon and Commands of 
my most gracious master King Charles of ever blessed 
memory. . . . When God's wrath lay heavie upon us for 
the sins of our nation, my ever honoured Master was put to 
a violent death, and immeadiately after his Royall Sonne . .. . 
sent me a Commicon to governe here under him. . . . But 
the Parliament, after the defeat at Worcester, (by the insti- 
gation of some other intent) sent a small power to force my 
submission to them, which finding me defenceless, was 
quietly (God pardon me) effected. But this parliament con- 
tinued not long after this, but another supream power outed 
them, whoe remained not long neither, nor his sonne after 
him. . . . And now my intelligence is not enough to tell me 
what incorporate, mixt, or individuall power there is. . . . 
Under all these mutable governments of divers natures and 
constitutions, I have lived most resigningly submissive : But, 
Mr. Speaker, it is one duty to live obedient to a government, 
and another of a very different nature to Command under 
it. . . . You have, Mr. Speaker, with great wisdome and 
providence taken care of my obedient prostrating to the 
Supreame power the authoritie you would entrust me with, 

'^ Southern Lit. Mess., Jan. 1845. 



112 VIRGINIA UNDER THE STUARTS 

for which I give you my humble thanks; for this wisdome of 
yours hath animated my caution of assumeing this burden, 
which is so volatile, slippery and heavy, that I may justly feare 
it will breake my Limbs." It might be thought by some, he 
said, that the emergency would excuse his accepting this 
authority, but the King would judge him, and if his informa- 
tion were prejudiced, his punishment might be severe. He did 
not fear death, he was too old for that, but an imprudent, 
criminal death he abhorred. In conclusion he declared that 
these and other considerations must dissuade him from 
accepting the proffered office. 

But the Assembly persisted in its determination to make 
him Governor. If he scrupled to promise to serve under the 
enemies of the Crown, that promise would not be required 
of him. Let him be Governor of Virginia, by their authority 
only, and only so long as the confusion in England continued. 
If a new Protector, or a new Commonwealth gained the 
ascendency, and demanded Virginia's submission, he might 
resign. If England returned to its obedience to the Throne, 
he could petition the King for a new commission. To this 
Berkeley assented. "Wee have all," he said, in another short 
address, "had great and pressing feares of offending a Su- 
preame power which neither by present possession is soe, nor 
has a publiquely confessed politique capacity to be a Supream 
power. I alsoe, Mr. Speaker, have my pressing feares too, and 
I am seriously afraid to offend him, who by all Englishmen is 
confessed to be in a naturall politique capacity of being a 
Supreame power." He therefore, he said, made this declara- 
tion in the presence of God, that if any government became 
fixed in London, he would immediately lay down his commis- 
sion. When this was recorded and they were still of the same 
mind, he was ready most thankfully to serve them."^* 

Thus did Sir William Berkeley a second time become Gov- 
ernor of Virginia. It must have been with trepidation that 
this man, who had so often denied the right of any officer to 
serve save by the King's commands, accepted now this com- 
mission from the hands of the people. The stern hater of 
^ Southern Lit. Mess., Jan. 1845. 



GOVERNOR BERKELEY AND THE COMMONWEALTH 113 

republicanism was becoming the head of an independent little 
republic. For such Virginia was and must continue to be until 
there should appear in England some fixed government to 
which it could submit. "I am," Berkeley wrote Governor 
Stuyvesant of New Amsterdam, "but a servant of the assem- 
bly's ; neither do they arrogate any power to themselves, fur- 
ther than the miserable distractions of England force them 
to. For when God shall be pleased in his mercy to take away 
and dissipate the unnatural diversions of their native country, 
they will immediately return to their own professed 
obedience. "^^ 

The restoration of the monarchy took place May 29th, 
1660. When the news reached Virginia some weeks later, the 
people accepted the change without opposition, and probably 
with relief, for they were weary of uncertainty and confu- 
sion. Berkeley's unaffected joy was mingled with a deep 
apprehension that the King might be angered at his accept- 
ing office without his consent. But Charles was not so un- 
mindful of his staunch support at a time when the fortunes 
of the monarchy were at their lowest ebb as to reproach him 
for this act, which might, and probably did, redound to his 
advantage. He soon relieved the Governor's fears by sending 
a new commission. In a passion of joy and gratitude Ber- 
keley wrote his thanks. "I . . . doe most humbly throwe 
myselfe at your Ma'ties feet," he said, "in a dutifull thank- 
fullness to your Majestic, that you yett think me worthy 
of your Royall Commands. ' It is true, ... I did something, 
which if misrepresented to your Majestic, may cause your 
Majestic to think me guilty of a weakness I should ever abhor 
myself for. But it was noe more . . . than to leape over the 
fold to save your Majesties flock, when your Majesties 
enemies of that fold had barred up the lawfull entrance into 
it, and enclosed the Wolves of Scisme and rebellion ready to 
devour all within it. Nor did I adventure on this, without 
the advice and impulsion of your Majesties best Subjects in 
these parts. ... I always in all conditions had more fear 
of your Majesties ffrownes than the Swords or Tortures of 
your Enemies."''*' 

^ Campbell, p. 74. *' Southern Lit. Mess., Jan., 1845. 



114 VIRGINIA UNDER THE STUARTS 

And so the Commonwealth period in Virginia came to an 
end. The colony had benefited greatly by the eight years 
of semi-independence and self-government. The population 
had increased rapidly. In 1649, there had been about 
15.000 people in Virginia, while six years after the Restora- 
tion, the Governor estimated their number at 40,000. This 
great gain was due chiefly to accelerated immigration from 
England. The overthrow and execution of the King had sent 
many of his followers to seek shelter with Sir William Ber- 
keley, others had come to escape the confusion and horrors 
of civil war, while the numerous prisoners taken in battle 
had furnished abundant material for the never-ending stream 
of indentured servants. Gentleman and tradesman and laborer 
alike were welcome, for land was abundant and the colony's 
only need was men. Nor was prosperity yet strangled by 
the strict enforcement of the Navigation Acts. Dutch ves- 
sels continued to sail through the capes in defiance of England 
and to carry ofif the planters' tobacco. Not until the closing 
years of the Commonwealth period did the increasing freight 
rates and the decreasing price of tobacco indicate that the 
"Hollanders" were being more strictly excluded.''^ 

Equally important was the training received by the people 
in self-government. For eight years they had been their own 
masters, enacting such laws as they chose, and free from the 
restraining hand of the King. There had been no royal Gov- 
ernor to veto their bills, or threaten the Burgesses, or intimi- 
date the voters, or overawe the Council, or sway the courts 
of justice. And the experience was priceless. It schooled 
them in governmental affairs and taught them self-reliance, 
patience and stubbornness to- oppose oppression. Having 
tasted the sweets of freedom, they were ill prepared ever 
again to tolerate injustice and misgovernment. If there had 
been no Commonwealth period in Virginia, possibly there had 
never been a Bacon's Rebellion. 

" Bruce, Ec. Hist, Vol. I, pp. 357-360. 



CHAPTER V 
The Causes of Bacon's Rebellion 

There were many who hailed the restoration of the mon- 
archy as the dawn of an era of prosperity and happiness for 
Virginia. The colony, despite the efforts of some of its 
people, had remained loyal to the Crown until overpowered 
by force of arms. It might well expect especial favor and 
care from its prince, now that he was firmly established upon 
his throne.^ Of the ability and justice of the Governor 
Virginia had had ample experience during the ten years of his 
first administration. 

Never was a people doomed to more bitter disappointment. 
The years which followed the Restoration were crowded with 
misfortunes greater than any that had befallen the colony 
since the ghastly days of the Great Sickness. Charles II, 
far from showing gratitude to his Old Dominion, overwhelmed 
it with injustice and oppression. The Virginians were crushed 
with tremendous duties on their tobacco and with ruinous 
restrictions upon their trade. The titles to their plantations 
were threatened by a grant of the entire colony to two un- 
worthy favorites of the King. Governor Berkeley, embit- 
tered by the humiliation of the Commonwealth period, and 
growing avaricious and crabbed with advancing years, soon 
forfeited that respect and love which his former good con- 
duct had gained him. His second administration was marred 
by partiality, oppression and inefficiency. The people were 
deprived of their right of suffrage by continued prorogation 
of the Assembly. Local government fell into the hands of 
small aristocratic cliques, while the poor were ground down 
with unequal and excessive taxes. Two wars with Holland 
added to the misfortunes of the colonists. Even the Heavens 
seemed to join with their enemies, for the country was visited 
^P. R. O., CO I -34-95. 

115 



ii6 VIRGINIA UNDER THE STUARTS 

by a terrific hurricane which swept over the plantations, de- 
stroying crops and wrecking houses. These accumulated 
misfortunes brought such deep suffering upon the colony 
that hundreds of families were reduced to poverty and many 
were forced into debt and ruin. No wonder that the commons, 
finally driven to desperation, should have risen in insurrection 
against the Governor and the King. 

First among the causes of distress during this unhappy 
period must be placed the Navigation Acts. England, in the 
middle of the 17th century, was engaged in an unsuccessful 
contest with Holland for the carrying trade of the world. The 
merchantmen of Amsterdam and Flushing found their way 
even to Maryland and Virginia, where their low freight rates 
and the liberal prices they gave for tobacco, assured them a 
hearty welcome. The exports of the colonies to England 
itself were not infrequently carried in Dutch bottoms. This 
was a source of much anxiety and annoyance to the British 
government. It seemed unjust that the American colonies, 
which had been founded at such tremendous cost, should now 
prove as great a source of wealth to Holland as to the mother 
country. And it could not but anger the English shippers 
to find themselves elbowed by these foreigners in the ports of 
the Bermudas or the rivers of Virginia. 

In 1 65 1, the British Parliament, thinking it necessary to 
give their merchants some protection from this lively compe- 
tition, passed the first of the Navigation Acts. Under its 
provisions no goods of the growth or manufacture of Asia, 
America or Africa should be introduced into England in any 
but English ships, of which the owner, master and three- 
fourths of the sailors were English subjects; and all foreign 
commodities imported, to England should be conveyed directly 
thither from the place of growth or manufacture.^ This 
law injured the Virginians by excluding the Dutch carriers 
from the tobacco trade with England and thus causing a sharp 
rise in freight rates. During the early years of the Common- 
wealth period it was frequently avoided, but before 1660 the 
English government began to enforce it more strictly. 
='Scobell, Vol. II, p. 132. 



THE CAUSES OF BACON'S REBELLION 117 

Nor did the people get relief with the restoration of the 
monarchy. Charles II proved more solicitous that Par- 
liament for the welfare of the English merchants; even 
more indifferent to the complaints of the colonists. A new 
Navigation Act was passed in 1660 which struck a deadly- 
blow at the prosperity of Virginia. Under its provisions 
all goods sent to the colonies, even though of foreign growth 
or manufacture, were to be exported from England, and all 
tobacco, sugar, wool, etc., produced in the colonies, must be 
shipped only to England or to her dominions.^ 

Thus were the colonies sacrificed upon the altar of greed. 
The new act injured the Virginia planters in several ways. 
Since all their tobacco must now be brought to English ports, 
they could no longer seek the most advantageous markets. 
Had the demand for the commodity in England been more 
elastic, the consequences of this provision might not have 
been disastrous. Declining prices would have so stimulated 
the demand that the English could have consumed the entire 
crop. But the King's customs kept up the price to the con- 
sumer, and made it impossible for the merchants to dispose 
of the vast quantities of the leaf that had formerly gone to 
Holland and other countries.'* Moreover, the varieties sold to 
the Dutch were not popular in England, and could not be 
disposed of at any price. Soon the market became so glutted 
that the merchants refused to take more than half the crop, 
leaving the remainder to rot upon the hands of the planters. 

There followed in Virginia a sharp decline in prices. The 
Dutch had given the colonists three pence a pound for their 
tobacco.^ A few years after the Restoration the planters 
considered themselves fortunate if they could dispose of their 
crops at a half penny a pound. Much was sold at a farthing.^ 
Now since tobacco was the staple product of Virginia and the 
main support of the people, this rapid decline in its value was 
disastrous. Frequent complaints were sent to England that 

'Bruce, Ec. Hist., Vol. I, p. 357. 

* Governor Berkeley wrote in 1666 that the King's customs from the 
Virginia and Maryland tobacco would amount "unto about £100,000". 
= Bruce, Ec. Hist., Vol. I, p. 354. 'P. R. O., CO1-21. 



Ii8 VIRGINIA UNDER THE STUARTS 

the colonists could not maintain themselves and their families 
upon the meagre returns from their tobacco. "Twelve hun- 
dred pounds is the medium of men's yearly crops," wrote 
Secretary Ludwell in 1667, "and a half penny per pound is 
certainly the full medium of the price given for it." This 
made an average income for each planter of but fifty shil- 
lings. When the poor man had paid his taxes for the neces- 
sary support of the government, very little remained to him 
to clothe his wife and children. "So much too little," he adds, 
"that I can attribute it to nothing but the mercy of God. that 
he has not fallen into mutiny and confusion."'^ In 1673 the 
Governor and the Council declared that the colony was full 
of indigent persons, who could barely support themselves 
with their utmost exertions.^ 

Not only did the act of 1660 depress the price of tobacco, 
but it increased the already excessive freight rates. Since 
the bulk of the colonial exports had now to be brought di- 
rectly to England, in English ships, the masters of Plymouth 
or London could double or triple their charges. Simultan- 
eously there occurred a pronounced rise in the cost of manu- 
factured goods. The far-famed skill of the Dutch workmen 
had made it possible for them to produce many articles more 
cheaply than the English, and to underbid them in their own 
colonies. But now that all foreign goods were excluded, the 
planters were forced to purchase the more expensive product 
of the English workshops. 

Thus were the Virginians cut with a two-edged sword. At 
the very time that their incomes were being diminished, they 
were confronted by an increase in the cost of living. Nor 
could they, as Lord Baltimore declared they might, alleviate 
these evils by industry and thrift. For the more strenuous 
were their efforts to increase the tobacco crop, the greater 
would be the glut in the English market and the more disas- 
trous the drop in prices. 

The poor colonists found an able, but an unsuccessful ad- 

'P. R. O., CO1-21. 

'P. R. O., CO1-30-51. Compare Petition of Governor Berkeley, Aug. 22, 
1662, CO1-16. 



THE CAUSES OF BACON'S REBELLION iic, 

vocate, in a London merchant named John Bland. "If the 
Hollanders," he wrote in a paper addressed to the King, 
"must not trade to Virginia how shall the Planters dispose 
of their Tobacco? The English will not buy it, for what 
the Hollander carried thence was a sort of Tobacco, not 
desired by any other people, . . . the Tobacco will not vend 
in England, the Hollanders will not fetch it from England; 
what must become thereof?" But Charles H, who knew little 
of economic matters, and cared nothing for the welfare of 
the colonists, ignored Bland's convincing appeal. No alle- 
viation was given Virginia, and she was allowed to drift on 
through poverty and desperation to rebellion. 

In a vain attempt to make the colony independent of the 
English manufacturers and to turn the people from the 
excessive planting of tobacco, the Assembly passed a series of 
acts designed to encourage local industrial establishments. 
It was especially desired that Virginia should make her own 
cloth, for the cost of the English fabrics was excessive.^ To 
stimulate the art of spinning and weaving the Assembly 
offered rewards for the best pieces of linen and woollen goods 
produced in the country. A bounty was placed on the manu- 
facture of silk.^*^ In 1666, the establishment of cloth works 
in each county was made compulsory by act of Assembly. ^^ 
"Whereas," it was declared, "the present obstruction of trade 
and the nakedness of the country doe suffitiently evidence the 
necessity of provideing supply of our wants by improveing 
all meanes of raysing and promoteing manufactures amonge 
ourselves, ... Be it enacted . . . that wdthin two yeares 
at furthest ... the commissioners of each county court shall 
provide and sett up a loome and weaver in each of the respec- 
tive counties. "^2 Nor were other industries neglected. Tan- 
houses were erected in various places "to tanne, curry and 
make the hides of the country into leather and shoes".^^ 
Bounties were offered for the construction of vessels, in the 

'Hen.. Vol. H, pp. 120, 121. 

'"P. R. O., CO1-19; Hen., Vol. II, p. 272. 

"Hen., Vol. H, p. 238. 

"^Ibid. "Hen., Vol. H, p. 123. 



120 VIRGINIA UNDER THE STUARTS 

hope that Virginia might rival the prosperous ship-builders 
of New England. ^^ 

These experiments added a heavy burden to the poor tax- 
payer, while they accomplished little for the relief of the 
colony. Virginia, with its scattered plantations and its lack 
of skilled artisans, could not hope to compete with the work- 
shops of England. The commissioners, whether from corrup- 
tion or from lack of ability, proved poor business managers, 
and their ill success occasioned loud and bitter complaints. 

In May, 1661, Governor Berkeley sailed for England to 
combat a new design to revive the Virginia Company. It is 
quite probable that he took occasion during his stay at court 
to protest against the Navigation Acts.^^ But he found it 
impossible to turn the King and Parliament from what had 
become their settled colonial policy. Ten years later, when 
the Lords of Trade and Plantations asked him what impedi- 
ments there were to the improvement of trade in the colony, 
the Governor blurted out the truth with his accustomed vigor. 
"Mighty and destructive by that severe act of Parliament 
which excludes us from haveing any Commerce with any 
Nacon in Europe but our owne, Soe that wee cannot add to 
our plantacon any Comodity that growes out of itt . . . fTor 
it is not law full for us to carry a pipe-staff or a Bushel of 
Corne to any place in Europe out of the King's dominions. 
If this were for his Majesty's Service or the good of his 
Subjects wee should not repine what ever our Sufferings 
are for it. But on my Soule it is the Contrary for both."^** 

In seeking relief from the evil consequences of the Navi- 
gation Acts the Virginians turned to their cousins of New 
England. ^"^ And the hardy sailors of Massachusetts and Con- 
necticut, tempted by -the high prices of manufactured goods 
in the southern colonies, brought their wares into the James, 
the York and the Potomac, where they entered into lively com- 
petition with the English merchants. Nor did they hesitate, 

"P. R. O., CO1-19; Hen., Vol. II, p. 178. 
'■'P. R. O., CO1-16; Hen., Vol. II, p. 17. 
"P. R. O., COi-26-77; Hen., Vol. II, p. 315. 
"P. R. O., CO I -24. 



THE CAUSES OF BACON'S REBELLION 121 

when occasion offered, to defy the law by transporting the 
Virginia tobacco to foreign markets. ^^ But England was un- 
willing to leave the colonists even this small loophole. Parlia- 
ment decided, in 1672, to place a duty of one penny a pound 
upon tobacco shipped from one colony to another, and the pay- 
ment of this duty did not give liberty to the owners to trans- 
port it to a foreign country. This act completely crippled the 
intercolonial trade. A few years later, after Bacon's Re- 
bellion, when the Virginia counties were presenting their 
grievances to the King's commissioners, the people of Lower 
Norfolk requested that the act of 1672 might be repealed. 
The only notice taken of their petition was the contemptuous 
comment of the commissioners that it was wholly mutinous 
for them "to desire a thing contrary to his Majesty's Royall 
pleasure & benefitt and also against an Act of Parliament". ^^ 

It had been suggested, when the price of tobacco began to 
fall, that the evil might be remedied by governmental restraint 
upon the annual crop. The diminution of the demand for the 
leaf, brought about by the loss of the foreign market, was to 
be met by a corresponding limitation upon the supply. Prices 
would thus be restored and the planter would receive a greater 
return for a much smaller output. But for this remedy to 
be effective, it would be necessary to secure the cooperation 
of Maryland and perhaps North Carolina, as a cessation in 
Virginia would accomplish little, if no restraint were put 
upon the planters of the other colonies. Moreover, since the 
proposed step might diminish the revenue from the customs, 
it would be necessary to obtain the consent of the King. 

In 1662 many of the planters and merchants petitioned 
Charles II to forbid the planting of tobacco in Maryland and 
Virginia for one year.^" At first this appeal was rejected 
and the colonists were commanded to refrain from present- 
ing similar petitions in the future. Later, however, the Privy 
Council secured a reversal of this decision and an order was 
issued authorizing the Assembly to appoint commissioners to 

''P. R. O., COi-30; Bruce, Ec. Hist., Vol. I, p. 357. 
^'P. R. O., CO5-1371-328; Va. Mag., Vol. HI, p. 38. 
'-' Bruce, Ec. Hist., Vol. I, p. 389. 



122 VIRGINIA UNDER THE STUARTS 

confer with the Marylanders upon the best means of lessen- 
ing the excessive crops. ^^ Accordingly a meeting was held at 
Wiccocomico, May 12, 1664, which recommended that the 
planting of tobacco after the twentieth of June each year 
should be prohibited. The report met with the approval of 
the Virginians and was promptly ratified by the Assembly, 
but the Marylanders believed that a partial cessation would 
be detrimental to their interests and their legislature refused 
to give its consent. 

But as prices sank lower and lower, and poverty be- 
came more general, the Virginians once more appealed 
to Maryland, this time for a total cessation for one year. 
Numerous letters were exchanged upon the subject, but at 
first nothing was accomplished. After many months had been 
consumed in useless negotiations Governor Berkeley, in the 
dead of winter, himself journeyed to Maryland and at last 
succeeded in convincing the leading men of that colony of the 
necessity of the measure. As a result, the Maryland Assembly 
passed an act prohibiting all tobacco planting in their province 
from February 1666 to February 1667, provided Virginia and 
North Carolina should do likewise.^^ The Assembly at 
Jamestown promptly passed a similar law, but the North 
Carolinians, owing to Indian troubles, delayed their action so 
long that the Marylanders repudiated the entire agreement. 

Somewhat discouraged the colonists again sent commis- 
sioners, this time to Saint Mary's, to resume the broken 
thread of negotiations. Here at last success seemed to crown 
their efforts, for all differences were adjusted, and the cessa- 
tion was agreed upon by the three colonies. ^^ But the joy of 
Virginia at this happy outcome was soon turned to grief and 
indignation, for the Marylanders received a letter from Lord 
Baltimore, "in absolute and princely terms prohibiting the 
execution of the . . . articles of cessation". 

"This overtook us," wrote Governor Berkeley, "like a storm 
and enforced us like distressed marriners to throw our dear 
bought commodities into the sea, when we were in sight of our 

''Bruce, Ec. Hist., Vol. I, p. 390. == P. R. O., COi-20. 
"'P. R. O., COi-20. Ludwell to Arlington. 



THE CAUSES OF BACON'S REBELLION 123 

harbour, & with them so drown'd not only our present reHefs 
but all future hopes of being able to do ourselves good, 
whilst we are thus divided and enforced to steere by anothers 
compasse, whose needle is too often touched with particular 
interest. This unlimited and independent power ... of the 
Lord Baltimore doth like an impetuous wind blow from us 
all those seasonable showers of your Majesty's Royall cares 
and favours, and leaves us, and his own province withering 
and decaying in distress and poverty. . . . This unreason- 
able and unfortunate prohibition . . . hath not only increased 
the discontent of many of the inhabitants of his province, but 
hath raised the grief and anger of allmost all your . . . sub- 
jects of this colony to such a height as required great care to 
prevent those disturbances which were like to arise from their 
eluded hopes and vain expences."^'* 

Can there be any doubt that the Navigation Acts and the 
futility of all attempts to escape their baleful effects, were 
largely instrumental in bringing on Bacon's Rebellion? As 
prosperity and contentment are the greatest safeguards of the 
public peace, so poverty, nakedness and distress are breeders 
of sedition. Philip Ludwell spoke of Bacon's army as "a 
Rabble of the basest sort of People ; whose Condicion was such 
as by a chaunge could not admitt of worse". -^ Had England 
been less selfish in her treatment of Virginia, there would 
not have been so many indigent men in the colony eager to 
join in this wild uprising against the government. Berkeley 
himself admitted, in 1673, that at least one third of the 
freemen had been rendered so desperate by poverty and debt 
that in times of foreign war their loyalty to England could 
not be relied upon.^® 

But Charles II was indifferent to the welfare of these 
distant subjects and blind to their growing dissatisfaction. 
Just when the situation was most critical, he aroused their 
anger and grief to the highest pitch, by making a gift of the 
entire colony to Lord Culpeper and the Earl of Arlington. 
Previously he had granted that portion of Virginia which 

^^ P. R. O., CO1-21. Governor and Council to the King. 
^P. R. O., CO1-37-16. -'"P. R. O., CO1-80-S1. 



124 VIRGINIA UNDER THE STUARTS 

lies between the Potomac and the Rappahannock rivers, 
known as the Northern Neck, to Lord Hopton and several 
other noblemen. These patentees were to receive fees, remain- 
ders, reversions and escheats, and were given power to grant 
patents for all land that had not been taken up. This had 
caused the people of Virginia, and especially those residing 
in the Northern Neck, great uneasiness, and had proved a 
serious hindrance to the settling of that region. The Assem- 
bly, dreading the clash of jurisdiction which this grant made 
almost inevitable, had sent agents to England to persuade the 
King to annul the patent, or permit the purchase of the 
tract by the colony. While they were working to this end, 
there came the unexpected news that Arlington and Culpeper 
had received a grant of the entire colony. Without consult- 
ing in the least the desires of the people, Charles had given 
them over to two unscrupulous favorites, with the indiffer- 
ence he might have shown in presenting a necklace to his 
mistress. The colonists, "to their unspeakable griefe and 
Astonishment", felt now that they were "reduced to a far 
worse condition than that wherein they had adventured their 
lives and fortunes for the planting that Country under the 
Company". 2'^ 

The privileges and powers granted in this patent, had they 
ever been exercised by Arlington and Culpeper, would have 
rendered the government at Jamestown almost a nullity. The 
two lords were to receive all escheats, quit-rents, duties and 
reservations belonging to the Crown; they were given power 
to divide the territory into counties, hundreds and parishes; 
to erect churches and present ministers to them; to make 
manors, fairs, and markets ; to appoint sheriffs, surveyors, and 
other important officers ; to issue patents for land ; to appro- 
priate to their own use all arrears of "rents and other profits", 
accruing since the year 1669. 

In great alarm the Virginia Assembly directed the agents 
in England to use their utmost endeavors to have this grant 
recalled. At the same time they drew up a statement of their 
objections to the patent, showing how unjust and ruinous 

"P. R. O., CO1-34-101. 



THE CAUSES OF BACON'S REBELLION 125 

were its provisions. It was in direct conflict with numerous 
royal concessions and patents, given them from time to time 
under the Great Seal. There was good reason to fear that the 
lords, by their deputies, might impose upon them new rents 
and services. They might demand new surveys and new 
patents for land which had long been occupied. They might, 
in fact, completely devastate the government of all its "just 
powers and authorities". 

The agents, upon receiving these instructions, went to the 
Lords Patentees to request them to resign the most obnoxious 
of their new powers.^^ In case they refused, the agents 
threatened to appeal at once to the King. Arlington and Cul- 
peper received them courteously, and, after numerous delays, 
consented to relinquish the patent, provided Virginia would 
offer no objection to the passing of a new grant, assuring 
them the quit-rents and escheated property. The agents were 
well satisfied with this settlement, for it would relieve the 
colony of its fear of proprietary government, while the grant 
of the rents and escheats would impose little additional 
burden.^^ 

In order, however, to prevent the giving away of such 
disturbing powers in the future, they petitioned the King to 
grant "Letters Pattents for the incorporacon" of the colony.^" 
In this new charter they desired first that permission be given 
Virginia to purchase the Northern Neck. They next re- 
quested the King to promise that Virginia should have no 
other dependence than upon the Crown of England, "nor in 
the future be cantonized into parcells by grants made to par- 
ticular persons". "And for the prevention of surreptitious 
grants" they desired his Majesty to promise in the charter 
that nothing should again pass concerning Virginia until a 
hearing had been given to some person impowered by the 
colony to represent their interests. Of even greater impor- 
tance was their desire, "That there shall bee no Taxe or 
Imposition layd on the people of Virginia, but by their owne 

"'P. R. O., COi-28-20; Burk, Vol. II, Appendix XXXVI. 
- =^Hen., Vol. II, pp. 518-543 I Burk, Vol. II, Appendix XXXIII-LXII. ^ 
^P. R. O., COi-34-95. ^ 



126 VIRGINIA UNDER THE STUARTS 

Consente, and that Express'd by the Representatives in 
Assembly. "^^ 

The whole matter came before the King in Council, June 
23, 1675, and was referred to the judgment of Attorney- 
General William Jones and Solicitor-General Francis Win- 
nington.^- In October these officers reported that in their 
opinion the patent of incorporation would be beneficial both 
to the colony and the King's service, and ought to be granted. 
Charles thereupon gave directions that the papers be drawn 
up for his signature. But here, for some unknown reason, the 
matter came to a halt. Several months passed and the patent 
had not been issued. ^^ At last, April 19, 1676, at the 
urgent request of the agents, his Majesty directed that the 
Lord Chancellor cause the papers to pass the Great Seal at 
once. But before this could be done, news came to Eng- 
land of Bacon's Rebellion, and the King immediately reversed 
his order. Later, other Letters Patent were granted, but 
they were very different from those sought by the agents, and 
contained little more than a bare declaration of the colony's 
direct dependence upon the Crown of England.^'* 

This unsatisfactory business caused great irritation among 
the colonists. The heavy expense of carrying on the negotia- 
tions in England "made them desperately uneasie, especially 
when, after a whole Year's Patience . . . they had no En- 
couragement from their Agents". ^^ A tax of fifty pounds of 
tobacco per poll, imposed for the purchase of the Northern 
Neck, aroused widespread dissatisfaction. In April, 1676, 
Governor Berkeley, fully conscious of the mutterings of revo- 
lution, was awaiting with anxiety the arrival of favorable 
news from the agents. "There are divers," he wrote, "that 
would fain persuade the people that al their high taxes will 
bring them no benefit, so that if the most advantageous terms 
had been proposed to us it would have been impossible to have 

"P. R. O., COi-34-96; CO1-34-100; CO1-33-108; COi-34-95; Hen., Vol. 
II, p. 529. 
''P. R. O., CO I -34- 100. 
''P. R. O., COi-36-48; Hen. Vol. II, p. 534. 
^P. R. O., CO389.6-133 to 137; Burk, Vol. II, Appendix LXI. 
^ Beverley. 



THE CAUSES OF BACON'S REBELLION 127 

persuaded the people to have parted with more tobacco til a 
more certain demonstration had been given them of what is 
already done. I appeased two mutinies this last year raysed 
by some secret villaines that whispered amongst the people 
that there was nothing intended by the fifty pounds levy but 
the enriching of some few people. "^^ In 1677, after Bacon's 
Rebellion, the King's commissioners heard from all sides that 
the imposition of this tax was one of the main causes of 
discontent. ^''^ 

The wars of 1664 and 1672 with Holland added much to the 
distress in Virginia. The bold Dutch mariners, angered at 
the injury done them by the Navigation Acts, preyed upon 
the English merchantmen in every sea. Woe to the tobacco 
ship that encountered a hostile privateer, in its journey across 
the Atlantic! The English vessels were not safe even in the 
Virginia rivers, under the guns of their forts. Twice the 
daring Dutch came through the capes and into the James 
River itself, where they wrought great damage to the shipping. 

It was the custom, during these times of danger, for the 
merchant vessels of Virginia and Maryland to cross the 
Atlantic in large fleets, under the protection of English men- 
of-war. In May 1667, some twenty vessels were anchored 
in the mouth of James River, near Newport News, awaiting 
the remainder of their fleet before sailing. Three leagues 
above them lay the Elisabeth, a frigate of forty-six guns, 
sent by the King for the protection of the colony. She was 
undergoing repairs, however, having become "soe disabled in 
her Maste and Leaky in her Hull as that she could not keep 
at sea", and for the moment afforded little proctection to the 
merchantmen riding below. ^^ 

At this juncture, a fleet of five Dutch warships, under 
the command of Abraham Crimson, appeared off the coast, 
bent on mischief to the English shipping. The Hollanders, 
learning of the exposed position of the tobacco fleet from the 
crew of a shallop which fell into their hands, determined upon 
a bold attack. On their way to the capes they encountered a 

^P. R. O., COr-36-37. ''P. R O., COs-1371-292, 331. 

^P R. O., CO1-21-61. 



128 VIRGINIA UNDER THE STUARTS 

ship of London bound from Tangier to Virginia. The Eng- 
Hsh master, Captain Conway, "fought them very well for 
two hours, but at last being wounded himself and over 
powered with men, was taken by them".^*^ 

The Dutchmen came into Chesapeake Bay June 4, and 
anchored there over night. The next morning, taking ad- 
vantage of a fair easterly breeze, they sailed boldly into the 
mouth of the James. In order to take their prey entirely 
by surprise they flew the English colors, and as they passed 
the merchantmen, hailed them in English and sang out their 
soundings in English. Proceeding directly up to the unsus- 
pecting frigate, they threw aside their disguise with the roar 
of three volleys. The captain of the Elizabeth had gone 
ashore, to attend a wedding it was said, and had left but 
thirty men on board."*" Without officers, and surprised by 
superior numbers, the sailors could make no effective resis- 
tance. Several rushed to their guns, but they fired only one 
piece of ordnance before they were forced to surrender. 
While some of the Dutchmen were securing the Elizabeth, 
the others turned upon the helpless merchantmen and 
succeeded in capturing the entire fleet. Several of the ships 
might have saved themselves by running into the Elizabeth 
River, where the enemy would not have dared to follow them, 
but they seemed paralyzed with surprise and fell an unresist- 
ing prey.'*^ 

Great was the grief and rage of Sir William Berkeley 
when news of this disaster reached him. How could he 
answer to the King for the loss of the royal frigate and twenty 
English merchantmen? With great promptness and resolu- 
tion he decided to fit out all available vessels in the colony 
for a sally upon the en^my. In the upper James were three 
merchantmen and in the York nine. If these could be sup- 
plied quickly with guns and men, there might yet be time to 
defeat the Dutch and rescue the captured ships. The Gov- 
ernor, who was ever reckless in exposing his person, resolved 
to direct the attack himself in the good ship Admirall. But 

^'P. R. O., CO1-21-61. *"P. R. O., CO1-21-63. 

"P. R. O., COi-2i-6r, 62. 



THE CAUSES OF BACON'S REBELLION 129 

some of the masters by no means relished the thought of 
risking their vessels and their cargoes in a battle with the 
Dutch. When the Governor impressed them into the King's 
service by putting the broad arrow upon their masts, they 
pretended obedience, but used such delays that the fleet could 
not be prepared in time. Captain Lightfoot, of the Elisabeth, 
grieved by the loss of his ship, "very passionately resolved to 
hazard himself in the Admirall", while several members of 
the Council and forty other gentlemen volunteered their ser- 
vices. Upon the shore were assembled four regiments of 
militia, ready to embark should they be needed. Yet the 
masters continued their procrastination day after day until the 
Dutch escaped. . 

Nor had Admiral Crimson shown any haste to be ofif. Soon 
after the battle he had burned five or six of the merchantmen, 
"for want of men to man them". It had also been necessary 
for him to destroy the frigate, which was still out of repair 
and far from seaworthy. He had sent parties ashore several 
times to secure water, which he greatly needed, but they had 
been driven back with ease. After a stay of five or six days 
in James River, he sailed away with his prizes, leaving the 
Governor to dismiss his militia and write home his accusa- 
tions against the masters.^^ 

Warned by this experience, the English government, upon 
the outbreak of the war of 1672, sent two men-of-war to 
Virginia. These vessels, in July 1673, were stationed at the 
mouth of the James guarding a large fleet of merchantmen, 
when news came that nine Dutch warships were approaching 
the capes. Instantly preparations were made to fight them. 
Several of the tobacco ships were forced into service and 
fitted with guns. Sailors were taken from the smaller vessels 
to help man the larger. But before all could be put in readi- 
ness the enemy came through the capes and anchored at 
Lynhaven Bay.'^^ 

The English had as yet little apprehension for the safety of 
their merchantmen, for they could at any time run under 
the guns of a fort at Nansemond, or could retreat up the 
'^'P. R. O., CO1-21-61, 62, 63. «p. R. o., CO1-30-S1, 53, 71. 



I30 VIRGINIA UNDER THE STUARTS 

James while their men-of-war held back the enemy. At 
this moment, however, there appeared across the waters of 
the Chesapeake eight sail of the Maryland fleet, unconscious 
of their danger and bearing down upon the Dutch. The Eng- 
lish commanders realized that only instant action could save 
them. Taking with them six of the tobacco ships they sailed 
out to give battle. 

"But before they came within reach of gun shot 4 of the 
merchant ships came on ground." One turned back to the 
James. But the other three ships went on, and unaided fought 
six of the largest Dutchmen. For three hours the battle con- 
tinued with great fury. At last Captain Gardner, one of the 
English commanders, "judging that the enemy (if he checkt 
them not) would be in with (the) merchant ships riding in 
James river . . . tacked alone upon them with Extra ordi- 
nary courage, and for at least one houre fought them all. . . . 
But, having all his greate maste and his fore topmast des- 
perately wounded, and most of his rigging shot", he was at 
last forced to retire. "With as much courage as conduct 
(and beyond the hopes or expectation of those who saw 
that brave action) (he) disengaged himself e . . . and 
brought off all the Marylanders but one." The Virginia fleet, 
"which were neere 40 sail", secured "almost a tides way before 
the enemy, which undoubtedly saved many which otherwise 
would have bin lost". Some of the merchantmen took refuge 
at Fort Nansemond, where the enemy dared not attack them, 
others retreated up the river towards Jamestown. Unfor- 
tunately five of them, in the confusion of the flight, ran 
aground and were afterwards captured. The four ships 
which had grounded before the battle also fell into the hands 
of the Dutch. Thus, despite the gallant conduct of the Eng- 
lish, the enemy succeeded in capturing a large part of the 
tobacco fleet. ^^ 

Great as was the distress caused by the depredations of 
the Dutch, the planters suffered even more during these wars 
by the stagnation of trade. The great risk incurred in cross- 
ing the ocean necessarily brought an increase both in freight 

"P. R. O., CO1-30-51, 53- 



THE CAUSES OF BACON'S REBELLION 131 

rates and in the cost of manufactured goods. In 1667 the 
Governor and Council declared that the planters were "in- 
forced to pay 12 pounds to £17 per ton freight" on their 
tobacco, "which usually was but at seven pounds". '^^ Condi- 
tions were even worse during the second war. In 1673 Ber- 
keley complained that the number of vessels that dared come 
to Virginia was so small, that they had "not brought goods 
and tools enough for one part of five of the people to go on 
with their necessary labor". "And those few goods that are 
brought," he added "have Soe few (and these hard Dealing) 
Sellers and Soe many Indigent and necessitous buyors that the 
Poore Planter gets not the fourth part . . . for his tobacco 
which he usually has had in other times."^^ 

In this period, so full of suffering and misfortune, the 
year 1667 was especially noteworthy for its long series of 
disasters. In November Secretary Thomas Ludwell wrote 
Lord Berkeley, "This poore Country ... is now reduced to 
a very miserable Condicon by a continuall course of misfor- 
tune. In Aprill ... we had a most prodigeous Storme of 
haile, many of them as bigg as Turkey Eggs, which destroyed 
most of our younge Mast and Cattell. On the fifth of June 
following came the Dutch upon us, and did soe much mis- 
chiefe that we shall never recover our reputations. . . . 
They were not gone before it fell to raineing and continued 
for 40 dayes together, which Spoiled much of what the haile 
had left of our English Graine. But on the 27th of August 
followed the most Dreadful Hurry Cane that ever the colony 
groaned under. It lasted 24 hours, began at North East and 
went round northerly till it came to west and soe on till it 
came to South East where it ceased. It was accompanied with 
a most violent raine, but no Thunder. The night of it was 
the most Dismall tyme that ever I knew or heard off, for the 
wind and rain raised soe Confused a noise, mixt with the con- 
tinuall Cracks of falling houses. . . . The waves (were) im- 
petuously beaten against the Shoares and by that violence 
forced and as it were crowded up into all Creeks, Rivers and 
bayes to that prodigeous height that it hazarded the drownd- 

**?. R. O., CO1-21-61. '"P. R. o., CO1-30-17. 



132 VIRGINIA UNDER THE STUARTS 

ing many people who lived not in sight of the Rivers, yet 
vvrere then forced to climbe to the topp of their houses to keep 
them selves above water. (The waves) carryed all the foun- 
dation of the fort at point Comfort into the River and most of 
our Timber which was very chargably brought thither to per- 
fect it. Had it been finished and a garison in it, they had 
been Stormed by such an enemy as noe power but Gods can 
restraine. . . . Had the Lightning accompanied it we could 
have beleeved nothing else from such a confusion but that all 
the elements were at Strife, which of them should doe most 
towards the reduction of the creation into a Second Chaos. It 
was wonderful to consider the contrary effects of that Storme, 
for it blew some shipps from their Anchors and carryed them 
safe over shelves of Sand where a wherry could Difficultly 
passe, and yet knockt out the bottome of a ship ... in eight 
foot water more than she drew. But when the morning came 
and the Sun risen it would have comforted us after such a 
night, had it not lighted us to ye Ruines of our plantations, 
of which I thinke not one escaped. The nearest computation 
is at least 10,000 houses blowne downe, all the Indian Graine 
laid flatt upon the ground, all the Tobacco in the fields torne 
to pieces and most of that which was in the houses perished 
with them. The fences about the Corne fields (were) either 
blown down or beaten to the ground by trees which fell upon 
them & before the owners could repaire them the hoggs & 
Cattell gott in and in most places devoured much of what the 
Storme had left."^^ 

In the midst of the second Dutch war came another scourge 
no less distressing than the great hurricane. Throughout the 
17th century cattle raising was one of the most important 
industries of the small Virginia proprietors. No planter, 
however insignificant his holdings, was without his cow and 
his calf.'*^ They constituted a most important portion of his 
wealth, and an indispensable source of support. In the win- 
ter of 1672-3 occurred an epidemic which destroyed more 

" P. R. O., CO1-21. 

""This is shown by the wills of this period, many of which have been 
published in the Virginia Magazine of History and Biography. 



THE CAUSES OF BACON'S REBELLION 133 

than half the cattle of Virginia. The mortality was increased 
by the cold, which was unusually severe. Many men, in an 
effort to preserve the poor beasts, gave them all their corn 
and thus brought hunger upon themselves. Before relief came 
with the spring, fifty thousand cattle had perished."*® 

Perhaps the people of Virginia might have borne patiently 
all these misfortunes, had their Governor ruled them with 
wisdom and justice. Certain it is they would never have 
turned in wild anger to strike down his government, had that 
government not done much to make their condition intolerable. 
Sir William Berkeley was accused of destroying the repre- 
sentative character of the Assembly, of initiating a notorious 
spoils system, of intimidating Burgesses, of winking at em- 
bezzlement of public funds. And, although most of these 
charges were brought by the Governor's bitter enemies, some 
of them were undoubtedly true. 

In Virginia, during this period, the commons could guard 
their interests only by means of the House of Burgesses. All 
other organs of government were controlled by Berkeley 
and his friends. The people had no voice in the selection of 
vestrymen, or sheriffs, or justices of the peace, and no control 
over their actions. The Council was entirely submissive to 
the Governor's will. Its members not only held their seats 
at Sir William's pleasure, but were the recipients of numerous 
other favors that bound them closely to his interest. Thus in 
the executive, in all branches of the judiciary, and in the upper 
house of Assembly the Governor was all-powerful. 

If then he could control the Burgesses and make them sub- 
servient to his desires, he would remove the only obstacle to 
almost complete despotism. Nor was it a matter of very great 
difificulty for him to gain a mastery of the House. In every 
county he could nominate government candidates, and exert 
tremendous pressure to secure their election. If necessary, 
they might be seated by fraud at the polls or false returns by 
the sheriff.^"^ "It is true," Bacon declared, "that the people's 
hopes of redemption did ly in the Assembly, as their Trusts, 
and Sanctuary to fly to, but I would have all men consider 

"P. R. O., CO1-30-17; CO1-30-51. '"Hen., H, p. 356. 



134 VIRGINIA UNDER THE STUARTS 

first how poore people are debarred of their fair election, 
the great men in many places haveing the Country in their 
debte and consequently in their aw. Secondly how meanly 
we are provided of men of Learning, ability and courage, nay 
indeed of honesty, to stand up in the people's behalf and 
oppose the oppressing party. "^^ 

And if ever, despite these difficulties, the candidates of the 
people were elected, the Governor might still win their support 
in the House, by a judicious use of the patronage. He con- 
trolled enough offices of honor and profit to reward richly 
his friends in the Assembly, li the Burgess was careful never 
to thwart the wishes of the Governor, or to vote against his 
measures, he might reasonably expect a collectorship, a sher- 
iflj's place, a commission in the militia, or possibly a seat in 
the Council. A large percentage of the members of the 
House were office-holders.^^ 

H half the charges brought against Berkeley are to be be- 
lieved, he was guilty of instituting a system of political 
corruption as effective as that maintained in France by 
Guizot during the reign of Louis Philippe. He has assumed 
to himself, it was declared, "the sole nominating, appointing 
and commissionating of all . . . officers both civil and mili- 
tary amongst us . . . (they) being . . . (the better to in- 
crease . . . his party) multiplied to a greate number. . . . 
All which offices he bestowed on such persons (how unfitt or 
unskillfull soever) as he conceived would be most for his 
designs. And that the more firmely to binde and oblige them 
thereunto and allure others to his party, he . . . pennitted 
or connived at the persons soe commissionated by him . . . un- 
warrantably ... to lay and impose what levies and imposicons 
upon us they should or did please, which they would often 
extort from us by force and violence, and which for the most 
part they converted to their owne private lucre and gaine. 
And . . . Sir William Berkeley, haveing by these wayes and 
meanes, and by takeing upon him contrary, to law the grant- 
ing collectors places, sherifs, and other offices of profitt to 
whome he best pleased, he soe gained uppon and obliged all 

"P. R. O., COs-1371-241, 246. "Bruce, Inst. Hist., Vol. I, p. 489. 



THE CAUSES OF BACON'S REBELLION 135 

the greatest number of the men of parts and estates in the 
whole country (out of which it was necessary our representa- 
tives and Burgesses should be elected) hath there by soe 
fortifyed his power over us, as of himselfe without respect to 
our laws,' to doe what soever he best pleased, and from time 
to time ... to gaine and procure great quantities of Tobacco 
and mony from us to his proper use over and besides the 
Thousand pounds yearly salary . . . and over and besides the 
fees, profitts and per quisites to the place of Governour 
belonging."'"'^ 

Bacon himself declared, in justification of his rebellion, that 
oppression and injustice were rife in the colony, and that it 
was useless to appeal to the Assembly for redress. "The 
poverty of the Country is such," he said, "that all the power 
and sway is got into the hands of the rich, who by extortions 
advantages, having the common people in their debt, have 
always curbed and oppressed them in all manner of wayes." 
The poor, he declared, were kept in such perpetual bondage 
that it was not possible for labor or industry to extricate them. 
The great men of the colony had brought misery and ruin 
upon the- common people by perverting all equity and right. 
The perpetual breach of laws, remiss prosecutions, excuses and 
evasions, but too plainly attested that things were carried by 
the men at the helm, "as if it were but to play a booty, game 
or divide a spoile". "Now consider," he adds, "what hope 
there is of redress in appealing to the very persons our com- 
plaints do accuse. "°^ 

And when once the Governor had obtained a House that 
was subservient to his will, he might, by his power of pro- 
rogation, continue it indefinitely. During the years from the 
Restoration to Bacon's Rebellion, there were not more than 
two general elections, and probably only one — that of 1661.^^ 

^'Va. Mag., Vol. Ill, pp. 13S, 136. "P. R. O., COs-1371-241. 

°°P. R. O., COs-1371-316, 319. The Assembly which met in March, 
1661, was continived by successive prorogations until October, 1665. This 
fact is placed beyond question by the copies of the Acts of Assembly now 
preserved in the British Public Record Office. But there is no statement 
in these copies that the session of June 5, 1666, had been prorogued 
from an earlier date. Nor is there any indication given in Hening's 



136 VIRGINIA UNDER THE STUARTS 

Under these circumstances the Assembly could no longer be 
said to represent the voters of the colony. The Burgesses 
might defy or betray the people as they chose, they could not 
be made to answer at the polls for their misconduct. And 
their is ample proof that this Long Assembly attended more 
to the commands of the Governor than to the wishes of elec- 
tors that could no longer elect. Even Sir William's best 
friends admitted that his authority in Virginia was almost 
despotic. Secretary Thomas Ludwell, writing in 1666, de- 
clared that the Governor was "the sole author of the most 
substantial part" of the government, "either for Lawes or 
other inferior institutions".^*^ "Our representatives," com- 
plained the Charles City commons eleven years later "(of 
which for this county in nine yeares time last past there hath 
been a verry doubtful election as we conceive) have been 
overswayed by the power and prevalency of . . . Sir Wm. 
Berkeley and his councell, divers instances of which wee 
conceive might be given, and have neglected our grievances 
made knowne to them."^^ 

That this overthrow of representative government in the 

Statutes that this was not a new Assembly. (Hen., Vol. II, p. 224.) These 
two omissions, then, might lead us to infer that there was a general 
election in 1666. But there is other evidence tending to show that the 
Assembly of 1661 was not dissolved until 1676. Thus William Sherwood 
wrote during Bacon's Rebellion that the rabble had risen against the 
Assembly and seemed weary of it, "in that itt was of 14 years continuance", 
(P. R. O., CO1-37-17; Va. Mag., Vol. I, p. 170.) The account of the 
Rebellion given in the Collections of the Massachusetts Historical Society 
also declares that the session had "continued fowerteene yeares". (Mass. 
S. IV, Vol. IX, p. 169.) The Isle of Wight grievances state that the 
people of that county had not had an election of Burgesses for twelve years. 
(Va. Mag., Vol. II, p. 380.) Lists of the members at the sessions of 
September, 1663, and of October, 1666, have been preserved by Hening. 
Nineteen Burgesses of the Assembly of 1663 appear also in 1666; eleven 
have lost their seats and in their places are fifteen new members. But 
this settles nothing, for it is quite possible that if an election was held 
in 16G6, the Governor's influence might have secured the return of many 
old Burgesses. There was no election from June 1666 to June 1676. 
It must remain, then, undetermined whether the Long Assembly con- 
tinued for ten or for fifteen years. 
'"P. R. O., CO1-20. "Va. Mag, Vol. Ill, pp. 141, 142. 



THE CAUSES OF BACON'S REBELLION 



137 



colony and the substitution of the Governor's despotic sway 
contributed greatly to the anger and desperation of the people, 
there can be no doubt. The evidence comes not only from the 
rebels and from the county grievances, but from disinterested 
persons, and even Berkeley's friends. "Whatever palliations," 
wrote Governor Thomas Notley, of Maryland, in 1677, "the 
grate men of Virginia may use at the Councell board in'Eng- 
land,^^. . . yett you may be sure . . . much ... if not every 
tittle" of the accusations against them are true. 'Tf the ould 
Course be taken and Coll : Jeoffreys build his proceedings upon 
the ould ffoundation, its neither him nor all his Majesties 
Souldiers in Virginia, will either satisfye or Rule those people. 
They have been strangely dealt with by their former Magis- 
tracy, "^s William Sherwood, if we may believe his own 
statement, forfeited Sir William's favor by reporting in Eng- 
land that "the general cry of the country was against ye 
Governour". And "it is most true", he added, "that the great 
oppressions & abuse of ye people by ye Governours arbitrary 
will hath been ye cause of the late troubles here".^» 

The illegitimate influence of Berkeley over the Assembly 
was the more galling to the people inasmuch as they had no 
voice in local government. The justices of the peace, who 
exercised the most important powers in the counties, received 
their commissions, not by popular election, but by executive 
appointment. And the Governor, although often influenced in 
his selections by the advice of the Council, gave little heed to 
the wishes of the commons. His appointees were invariably 
men of means and influence, and could be relied upon to 
uphold the interests of the aristocracy and the Governor 

The justices were members of the county courts, and as 
such exercised judicial, executive and legislative functions in 
local affairs. The courts met every second month, and were 
empowered to settle cases involving not more than ten pounds 
sterling.«o Individual justices could "try and determine any 
cause to the value of twenty shillings or two hundred pounds 
of tobacco .«! Far more important was the power of the 

;;P. R. O., COi-40-88. -p. R. o., COi-40-43 

Bruce, Inst. Hist., Vol. I, p. 542. "P. R. o, COi-20. 



138 VIRGINIA UNDER THE STUARTS 

courts to impose direct taxes. The county levy was usually 
very heavy. In fact, during the Restoration period, it often 
exceeded the public levy voted by the Assembly. In Lower 
Norfolk county, during the years from 1666 to 1683, the local 
assessment amounted to 188,809 pounds of tobacco.*'- This 
sum seems to us now almost insignificant, but it proved a 
very real burden to the indigent freemen of that unhappy 
period. Yet perhaps the people would not have complained 
had the assessments been voted by a body elected by them- 
selves or representative of their interests. They were bitterly 
angered, however, that they should be taxed without their own 
consent and against their wishes, by appointees of the Gover- 
nor; and the sense of wrong was aggravated by the fact that 
the taxes were often voted by the courts in secret session, 
not without grave suspicions of abuses and fraud."^ "It has 
been the custome," it was declared in the Surry grievances, "of 
the County Courts att the laying of the levy to withdraw 
into a private Roome by which the poor people not knowing 
for what they paid their levy did allways admire how their 
taxes could be so high."''^ "Wee desire," declared the people 
of the Isle of Wight, "to know for what wee doe pay our 
Leavies everie year and that it may noe more be layd in 
private."*''^ From Charles City came the most startling charges 
of fraud and oppression. "The Commisoners or Justices of 
peace of this county," it was declared, "heretofore have il- 
legally and unwarrantably taken upon them without our 
consent from time to time to impose, rayse, assess and levy 
what taxes, levies and imposicons upon us they have at any 
time thought good or best liked, great part of which they 
have converted to theire own use, as in bearing their expense 
at the ordinary, allowing themselves wages for severall busi- 
nesses which ex officio they ought to do, and other wayes, as 
by account of the same on the booke for levies may appeare."^* 
The people were even deprived, during Berkeley's second 
administration, of the right of electing the vestries. These 

"Bruce, Inst. Hist., Vol. II, 566. ''Hen., Vol. IT, 357. 
'^Va. Mag., Vol. II, p. 172. '^Va. Mag., Vol. II, p. 389. 

""Va. Mag., Vol. Ill, p. 142. 



THE CAUSES OF BACON'S REBELLION 139 

bodies had always been composed of the foremost men in 

each parish. At this period they succeeded in shaking off 

entirely the control of the commons by themselves filling 
all vacancies in their ranks.*^^ Since they exercised the power 
of imposing a tax to pay the ministers' salaries and meet other 
obligations of the parishes, this attempt to make themselves 
self-perpetuating was a matter of no little importance. *^^ The 
people expressed their disapproval in the most emphatic terms, 
and after Bacon's Rebellion requests came from many coun- 
ties that the vestrymen might be chosen, as formerly, by the 
whole body of parishioners.^^ 

The unjust poll-tax, which was then used in the public, 
county and parish levies, was an unending source of discon- 
tent. There can be no doubt that it bore with too great 
weight upon the poor people. "They complain," wrote Gyles \j 
Bland, on the eve of the Rebellion, "that great Taxes are 
imposed upon them every yeare, by wayes very unequall, 
Laying them very heavily, by the Poll, whereby the Poorer 
sort are in the hardest Condition."^" It must be remembered, 
however, that many of the servants and slaves were listed 
as tithables, or persons subject to the poll tax. This of course 
tended to increase the share of the wealthy. Yet the inequality 
was very real and the burden upon the poor very heavy. The 
number of tithables assessed of a man was by no means an 
accurate gage of his wealth. Later in the century, with the 
great influx of negro slaves, the burden upon the rich planters 
increased and became more nearly proportionate to their 
ability to pay. 

Bland suggested that all inequality might be eliminated by 
adopting a land-tax. "Which," he said, "seems to be the 
most equal imposition and will generally take off the complaint 
of the people, although perhaps some of the richest sort will 
not like it, who hold greater proportions of land than they 
actually plant.''^^ The King's commissioners also thought 
the land tax just, but considered it "impracticable there". 

" Bruce, Inst. Hist, Vol. I, p. (^7. 

"" Bruce, Inst. Hist., Vol. I, p. 77; Hen. Vol. II, p. 356. 

''Va. Mag., Vol. II, pp. 172, 289, 388. 

'* P. R. O., CO I -36-54. " P. R. O., CO I -36-54 



140 VIRGINIA UNDER THE STUARTS 

When the people of Warwick county asked, "That all persons 
may be rated and taxed according to their Estates", the com- 
missioners reported that this was "a thing to be wish'd but 
never to be granted them". If the King should command it, 
they knew not how it would be relished by the landed men, 
since the common usage had been always taxing by poll.'^^ 

The universal discontent was still further increased by the 
wasteful and lax use of public funds. The money which was 
wrung from the poor people by these unequal taxes, was 
seldom wisely or economically expended. Much was squan- 
dered upon foolish projects, costly in the extreme, and impos- 
sible of accomplishment. Such was the attempt to build a 
city at Jamestown. For many years it had been a matter of 
regret to the English government that Virginia should remain 
so entirely a rural country. Not realizing that this was but 
the result of exceptional economic conditions and not a sign of 
weakness or decay, they sought more than once to force the 
building of towns by legislative enactments. Thus, in 1662, in 
accordance with the King's wishes, the Assembly passed an 
act providing for the erection of thirty-two brick houses at 
Jamestown. '^^ Each county was required to build one of these 
houses, a levy of thirty pounds of tobacco per poll being laid 
for that purpose. This attempt was foredoomed to failure, 
for if economic conditions could not develop cities in the 
colony, the mere erection of houses upon the unhealthful 
Jamestown peninsula could accomplish nothing. We learn 
from Bacon's Proceedings that the town at the time of the 
Rebellion consisted of "som 16 or 18 howses, . . . and in 
them about a dozen families (for all the howses are not in- 
habited) getting their liveings by keeping ordnaries, at 
extraordnary rates". That there was corruption or ineffi- 
ciency in carrying out the orders of the Assembly seems cer- 
tain. The people of Isle of Wight county complained of "the 
great Quantities of Tobacco levyed for Building- Houses of 
publick use and reception at Jamestown, which were not habit- 
able, but fell downe before the Finishing of them"."^ 

"P. R. O., CO5-1371-315. ^ Hen., Vol. II, p. 172. 

'^ p. R. O., CO5-1371-316-19, 304-S. 



THE CAUSES OF BACON'S REBELLION 141 

There were also accusations of laxness and fraud in the 
erecting and management of the pubHc industrial plants. Very 
grievous taxes have been laid on the poor people, it was 
claimed, "for building work houses and stoare houses and 
other houses for the propogating & encouragem't of handi- 
craft and manufactury, which were by our Burgesses to our 
great charge and burthen by their long and frequent sitting 
invented and proposed. Yet for want of due care the said 
houses were never finished or made useful, and the propa- 
gating & manufactury wholy in a short time neglected, and 
noe good ever effected . . . save the particular profitt of the 
Undertakers, who (as is usually in such cases) were largely 
rewarded for thus defrauding us.""^ 

Even more frequent and bitter complaints originated with 
the construction of forts upon the various rivers to protect 
the colony and the merchant ships from foreign foes. At the 
outbreak of the war of 1664 it was resolved to build a fort- 
ress at Jamestown. The ships' masters were not satisfied with 
the selection of this site, for obviously it afforded no protec- 
tion to vessels trading upon the Potomac, York or Rappahan- 
nock, and very little to those upon the lower James. After 
one hundred pounds sterling had been expended at James- 
town, the structure partly completed and fourteen guns 
brought up, the merchants procured orders from the English 
government that the fort be transferred to Old Point. The 
Governor and Council were most reluctant to make this 
change, but the commands were so positive they dared not 
disobey. So the guns were conveyed back down the river 
and the work begun again. But many serious difficulties were 
encountered. "We have been at 70,ooolb tobacco charge," 
wrote Thomas Ludwell in 1667, "and have lost several men in 
the worke and many of the materials by storms breaking our 
rafts whereon we float the timber to that place. . . . After all 
(we) were forced to quit the work as of impossible manage, 
for great were the difficulties, and so insupportable would the 
charge have been."'^^ A few months after, when the Dutch 

"Va. Mag., Vol. Ill, p. 142; P. R. O., CO1-37-41. 
"P. R. O.. CO1-21. 



142 VIRGINIA UNDER THE STUARTS 

captured the tobacco fleet in the mouth of the James, this 
fort seems to have been deserted. It was utterly destroyed 
by the great hurricane of the following August. 

Thereupon it was decided to build five new forts, two on 
the James and one upon each of the other great rivers. The 
charges for these structures were to be borne entirely by the 
counties upon the rivers they were to defend. Whether from 
mismanagement or dishonesty large sums of money were ex- 
pended in this undertaking with but little good effect. Ber- 
keley wrote that the colony lacked the skill either to construct 
or maintain the forts. "We are at continuall charge," he 
declared, "to repaire unskilfull & inartificall buildings." The 
King's commissioners in 1677, testified that the forts were 
made of "mudd and dirt", and could be of little service against 
the enemy. '^^ At the beginning of the Dutch war of 1672 the 
Assembly found them in poor condition and incapable of 
ofifering resistance to the enemy. "For as much," it was de- 
clared, "as the materials . . . were not substantial or lasting, 
some have suffered an utter demolition, some very ruinous 
and some capable of repair." It was thereupon ordered that 
the forts be at once restored and authority was given for new 
taxes to cover the cost.'''® 

One at least of the reconstructed forts proved of service in 
the hour of need, for it was under the guns of Nansemond 
that many of the merchantmen ran in July 1673, from the 
pursuing Dutch men-of-war. But the people could see in them 
only a pretext for increasing their taxes. And it was quite 
impossible to make them believe that such sums could be 
expended to so little purpose save by fraud or embezzlement. 
The Charles City commons declared that great quantities of 
tobacco had been raised for building forts "which were never 
finished but suffered to goe to ruine, the artillery buried in 
sand and spoyled with rust for want of care".'''*' From James 
City county came the complaint that although heavy taxes had 
been paid for fortifications, there was in 1677 "iioe Place of 
defence in ye Country sufficient to secure his Majestys Sub- 

"P. R. O., CO5-1371-292, 7- "P. R. O., C:Oi-29-3i. 

'^Va. Mag., Vol. Ill, p. 142. 



THE CAUSES OF BACON'S REBELLION i43 

jects against any Forreign Invasion". The King's commis- 
sioners substantiated this statement. "We are well assured," 
they said, "of the Truth of this Complaint, and doe know that 
the Forts erected could be of noe use, Endurance or de- 
fence. . . . Yet were they of great Expence to the People 
who paid Excessively for Building them."^*' 

The Assembly had from time to time sought to make the 
merchants trading to Virginia aid in the defense of the colony, 
by imposing upon them Castle Duties, in the form of a toll 
of powder and shot The masters had more than once com- 
plained of this duty, but as it was not very burdensome it 
was allowed to remain. Had all the ammunition thus received 
been used as intended by law, the people would have been 
saved great expense, and the forts made more serviceable. 
But the contributions, if we may believe the complaints of the 
people, were often stolen by the collectors. "Notwithstand- 
ing," said the Isle of Wight commons, "the great quantities 
of ammunition payd by ships for fort duties for the countries 
service . . . wee are forced to provide powder and shott at 
our proper charges. "^^ The Nansemond grievances were 
more explicit in their accusations of fraud. "They Complayne 
that the Castle duties, accustomed to be paid by the Masters 
of Shipps in Powder & Shott for the service and security of 
the Country, is now converted into Shoes and stockings &c 
as best liketh the Collectors of it and disposed to their own 
private advantage. "^- 

It would not be just to give credence to all the accusations 
made against Berkeley. The King's commissioners who con- 
ducted the investigation into his conduct, were his enemies; 
while many of the charges were brought by those who had 
taken part in the Rebellion. Thus the testimony against him 
is in most cases distinctly partisan. Moreover those that were 
closely associated with Sir William often expressed extrava- 
gant admiration for his ability and energy, and love for his 
character.^^ "He hath," wrote the Council in 1673, "for 

"*P. R. O., CO5-1371-292, 7; CO1-21. 

"Va. Mag., Vol. II, p. 387. '' P- R- O., CO5-1371-330. 33i. 

**?. R. O., COr-20, 21. 



144 VIRGINIA UNDER THE STUARTS 

neare 30 years governed this colony with that prudence and 
justice which hath gained him both love and reverence from all 
the Inhabitants here."^"* 

Singularly enough Berkeley seems to have prided himself 
upon his ability as a ruler. He never forgot the compliment 
paid him by the people in 1660, when they insisted, even 
against his will, upon making him their Governor. And long 
after he had forfeited their confidence and esteem he imagined 
himself as popular as in his first administration. It was a 
bitter blow to his pride when the commons rose against his 
government in 1676. His proclamations bear testimony to his 
pain that the youthful Bacon should have usurped his place 
in the affections of the people.^^ His letter to the King asking 
to be recalled from his government was undoubtedly dictated 
by wounded pride. Upon the eve of his final departure for 
England he did not scruple to write Colonel Jeffreys, "I will 
confesse to you that I beleeve that the Inhabitants of this 
Colony wil quickly find a difference betweene your manage- 
ment and mine."^*^ 

It would be difficult to reconcile this attitude of mind with 
Berkeley's oppressive administration, did we not know his 
views upon governmental matters. He had never been in 
sympathy with republican institutions. It was the height of 
folly, he thought, to allow the people to participate either in 
administrative or legislative affairs. The King alone should 
rule; the people's duty was to obey. It was but five years 
before the Rebellion that he wrote to the Lords of Trade and 
Plantations, "I thanke God there is noe ffree schooles nor print- 
ing (in Virginia) ^^ and I hope wee shall not have these hun- 
dred yeares, for learning has brought disobedience & heresaye 
and sects into the world. and printing has divulged them, and 
libells against the best Government: God keepe us from 
both."^^ A man that could utter such sentiments as these 



"P. R. O., CO1-30-71. *^P. R. O., CO1-37-1. 

^"P. R. O.. CO 1-40-54. 

" Mr. P. A. Bruce, in his Institutional History of Virginia in the 
Seventeenth Century, has shown that this statement is incorrect. 
'^ P. R. O., COi-26-77. 



THE CAUSES OF BACON'S REBELLION 145 

would not scruple to throttle, if he could, all representative in- 
stitutions in his government. If he intimidated voters and 
corrupted the Burgesses, it was perhaps because he thought 
himself justified in any measures that would render the Gov- 
ernor, the King's substitute, supreme in the government. 

But whatever is the verdict of posterity upon the conduct 
and motives of Sir William Berkeley, the causes of the Rebel- 
lion stand out with great clearness: — England's selfish com- 
mercial policy, the Culpeper-Arlington grant, the Dutch wars, 
storms and pestilence, inefficient if not corrupt government, 
excessive taxes. The only wonder is that the insurrection did 
not occur earlier. In fact two mutinies did break out in 1674, 
when the excessively heavy taxes of that year were announced, 
but the rebels lacked leaders and were suppressed without 
great difficulty. ^^ As early as 1673 the defection of the 
planters was so great that it was feared many might attempt 
to deliver the colony into the hands of the Dutch. Berkeley 
wrote that a large part of the people were so desperately 
poor that they might reasonably be expected upon any small 
advantage of the enemy to "revolt to them in hopes of better- 
ing their Condition by Shareing the Plunder of the Country 
with them".^*^ A certain John Knight reported "that the 
planters there doe generally desire a trade with the Dutch 
and all other nations and would not be singly bound to the 
trade of England, and speake openly there that they are in 
the nature of slaves, soe that the hearts of the greatest part of 
them are taken away from his Majesty".''^ Thus the down- 
trodden planters, alienated from England, angered at the Gov- 
ernor, even distrusting their own Assembly, waited but an 
occasion and a leader to rise in open rebellion. A new Indian 
war offered the occasion, and they found their leader in young 
Nathaniel Bacon. 

^»P. R. O., COi-36-37; COi-36-54. "P. R. O., CO1-30-S1. 
"P. R. O., CO I -30-78. 



CHAPTER VI 
Bacon's Rebellion 

For many years Virginia had been at peace with the neigh- 
boring Indians.^ The long series of wars which had filled 
most of the first half of the seventeenth century had broken 
the spirit and power of the Pamunkeys, the Nansemonds and 
the Nottoways.- The remnants of these nations had become 
dependent upon the English, paying them tribute and looking 
to them for protection from their enemies.^ In 1675, however, 
these friendly relations were disturbed by a southward move- 
ment of some of the northern Indians. Large bodies of the 
warlike Senecas, pressing upon the Susquehannocks at the 
head of the Chesapeake Bay, were driving them down into 
Maryland and Virginia. Here their indigence and their rest- 
lessness became a menace to the whites and an element of 
disturbance to their relations with the other tribes.^ 

In the summer of 1675 a party of savages rowed across the 
Potomac river, committed several murders and made good 
their escape into Maryland.^ In anger and alarm the planters 
of Stafford county seized their arms to protect their homes 
and to avenge their neighbors. A band of thirty or more, 
led by Colonel Mason and Captain Brent, pursued the savages 
up the Potomac into the Maryland woods. ^ Coming in the 
early dawn upon two diverging trails, "each leader with his 
party took a separate path". -"In less than a furlong either 
found a cabin", one crowded with Doeg Indians, the other 
with Susquehannocks. The king of the Doegs, when he saw 
his hut surrounded by Brent's men, "came trembling forth, 

^Mass. S. IV, Vol. IX, p. 165; P. R. O., CO1-30-71. 

='Hen., Vol. I, pp. 2,27,, 380. 'Hen., Vol. II, p. 141. 

*T. M., p. 9; Mass. S. IV, Vol. IX, pp. 165, 167. 

"T. M., p. 9; P. R. O., COs-1371-370; COi-36-36; COi-36-37. 

"T. M., p. 8; Mass. S. IV, Vol. IX, p. 165. 

146 



BACON'S REBELLION 147 

and wou'd have fled". But Captain Brent, "catching hold of 
his twisted lock, which was all the hair he wore", commanded 
him to deliver up the men guilty of the recent murders. "The 
king pleaded ignorance and slipt loos", whereupon Brent shot 
him dead. At this the savages in the cabin opened fire, and 
the Virginians answered with a deadly volley. "Th' Indians 
throng'd out at the door and fled." "The English shot as 
many as they cou'd, so that they killed ten . . . and brought 
away the kings son." "The noise of this shooting awaken'd 
th' Indians in the cabin which Coll. Mason had encompassed, 
who likewise rush'd out and fled, of whom his company shot 
ffourteen."''' 

This unfortunate affair was the beginning of a deadly war 
between the English and the Indians, which brought untold 
suffering upon the people of Maryland and Virginia. The 
Susquehannocks, enraged at the slaughter of their warriors, 
became the most implacable enemies of the white men. Join- 
ing with the other tribes in a league against the English, they 
began a series of outrages and murders which continued many 
months, and cost the lives of hundreds of men, women and 
children. During the year 1676 alone, more people were 
butchered in Virginia by the savages than fell in the massacre 
of 1644.^ This fearful mortality was due to the fact that 
the Indians were now supplied with firearms. Governor Ber- 
keley and his friends, in their greed to secure the valuable 
beaver and otter skins, had not hesitated to purchase them 
with powder, shot and guns.^ The savages had now almost 
entirely discarded the bow and arrow, and were so skilful with 
their new weapons that the English often hired them "to kill 
Deare".^*^ So that when the war cry was once more heard 
upon the frontier, the savages, although less numerous than 
in the days of Powhatan or Opechancanough, were far more 
to be feared. 

It was Maryland that first felt the resentment of the savages. 

'T. M., pp. 8-9; P. R. O., CO5-1371-370; Mass. S. IV, Vol. IX, p. 165. 
'P. R. O., CO1-39-10; COi-36-78; W. & M. Q., Vol. IX, p. 10. 
»W. & M. Q., Vol. IX, p. 6; T. M., p. 11. 
^^ W. & M. Q., Vol. IX, p. 6. 



BACON'S REBELLION 149 

The people of this province had taken no part in the attack of 
Mason and Brent, but the Susquehannocks were not in the 
humor to make nice distinctions. In seeking revenge for 
the murder of their braves they held all whites equally guilty, 
and fell immediately upon the nearest plantations. Thus were 
the Marylanders made to suffer for the rashness of the 
Virginia frontiersmen. 

Feeling that it was his duty to aid the neighboring province 
in this war brought on by the hasty action of two of his own 
officers, and fearing that depredations upon the Virginia 
frontiers could not long be prevented, Sir William Berkeley 
decided to join Governor Calvert in a vigorous attack upon 
the savages. Colonel John Washington, great-grandfather 
of George Washington, at the head of several hundred men, 
was despatched across the Potomac to effect a junction with 
the Maryland troops.^^ The combined forces of the two colon- 
ies are said to have numbered "neer a thousand men".^^ 

Unable to withstand this army in the open field, the Indians 
fell back upon a fort which they had erected upon the north 
bank of the Potomac, and here awaited the approach of the 
English, Their fortress had been constructed with such care 
and skill that the white men were unable to carry it by storm. 
The outer works consisted of lines of tree trunks, from five 
to eight inches in diameter, "watled 6 inches apart to shoot 
through", their tops firmly twisted together. Behind this was 
a ditch, and within all a square citadel, with high walls and 
"fflankers having many loop-holes". The fire of the red-skins 
from behind these works proved so deadly that hopes of a suc- 
cessful assault had to be abandoned. Nor could breaches be 
effected, for the allies were not provided with heavy guns. 
The moist and swampy ground surrounding the fort made it 
impossible to approach by means of trenches. ^^ 

So the English cast their camp before the fort hoping to 
starve out the enemy. Lines were drawn about the place, as 
closely as the nature of the ground would permit, while boats 

"Mass. S. IV, Vol. IX, p. 165; P. R. O., COi-36-78. 
"P. R. O., CO5-1371-369; T. M., p. 9. 
"T. M., p. 10. 



ISO VIRGINIA UNDER THE STUARTS 

patrolled the river to cut off escape to the Virginia shore. 
Fearing, no doubt, that lack of provisions would soon make it 
necessary for them to come to terms with the besiegers, the 
Indians sent out several of their leaders to treat for peace. 
But so deep was the animosity aroused by the recent murders, 
that the white men violated the flag of truce by detaining 
these envoys, and finally beating out their brains.^'* This 
flagrant act aroused the Indians to a desperate defense. In 
numerous sallies they inflicted severe loss upon the besiegers, 
and captured enough horses to supply themselves with food. 
At last, after six or seven weeks of fighting, they resolved 
to effect their escape. On a dark night, when the English were 
least expecting it, they sallied forth, bringing with them their 
women and children. Awakening the white men with their 
.savage yells, they burst in among them, killing and wounding 
many, and before resistance could be made, were through 
the lines and gone.^^ 

And now the Virginians were made to pay dearly for their 
part in this ill-managed affair. Early in January, 1676, the 
Susquehannocks crossed the Potomac and came plundering 
and murdering through the frontier counties.^^ Separating 
into small bands, the Indians fell upon the more isolated plan- 
tations, and in a few days had killed no less than thirty-six per- 
sons. Those whose wretched fate it was to be captured, were 
put to death with all the tortures that devilish ingenuity could 
devise. Some were roasted, others flayed alive. The suffer- 
ings of the victims were long and protracted, while the sav- 
ages knocked out their teeth or tore off their nails or stuck 
feathers and lighted wood into their flesh.^'^ 

In terror the people of the frontier began to desert their 
homes, seeking shelter in the more populous settlements.^^ 

^'T. M., p. 9; P. R. O., CO392.1-173, 178; Cotton, p. 3; Inds' Pros. 

p. 5; P. R- O., CO5-1371-370. 

"P. R. O., COi-36-78; COs-1371-369; T. M., pp. 9-10; Inds' Pros., 
pp. 7-8; Mass. S. IV, Vol. IX, p. 165. 

"P. R. O., CO5-1371-370. 

"Inds' Pros., p. 7; P- R- O., CO5-1371-370; COi-36-66; Mass. S. IV, 
Vol. IX, p. 176. 

"W. & M. Q., Vol. IX, p. 7. 



BACON'S REBELLION 151 

In a few weeks one parish, upon the upper waters of the Rap- 
pahannock, was reduced from seventy-one plantations to 
eleven. ^^ Those that remained were concentrated upon the 
largest farms, which they fortified with palisades and 
redoubts.-*^ 

When the news of these atrocities reached Sir William Ber- 
keley, hasty preparations were made for an expedition against 
the invaders. Sir Henry Chicheley was put at the head of 
forces of horse and foot, with orders to give immediate pursuit 
to the savages. But just as all was in readiness and the com- 
mand to march hourly expected, the Governor decided that 
the expedition should be abandoned. Chicheley's commis- 
sion was annulled, his forces disbanded and the soldiers sent 
to their homes. ^^ 

What induced Berkeley to take this strange step none could 
tell. The murders of the savages were continuing. The 
frontier was defenseless. Messages were coming from the 
exposed plantations imploring aid. Why should he desert 
the people and expose them to the fury of the Indians? It is 
possible that he detected symptoms of mutiny among the 
troops and thought it better to abandon the expedition than 
to run the risk of a rebellion. He was well aware of the 
discontent of the people, and his letters to England show that 
he dreaded an insurrection.^^ The unhappy planters ascribed 
the Governor's strange conduct to avarice. He and his friends 
had a monopoly of the Indian trade, and it was hinted that he 
preferred to allow the atrocities to continue rather than destroy 
his source of revenue. He was determined, was the cry, 
"that no bullits would pierce beaver skins". -^ More probable 
seems the explanation that Berkeley hoped to prevent further 
depredations by the help of the Pamunkeys and other friendly 
tribes, and feared that an invasion of the Indian lands might 
defeat this purpose.^'* 

But an Assembly was summoned in March and instructed 

"P. R. O., CO5-1371-372; Va. Mag., Vol. Ill, p. 35- 

="T. M., p. 10. ^^P. R. O., CO5-1371-373, 411. 

^^^'P. R. O., CO1-30-S1; COi-36-37. 

="T. M., p. 11; W. & M. Q., Vol. IX, p. 7; P. R. O., CO5-1371-37S. 

=*P. R. O., CO 1-36-36. 



152 VIRGINIA UNDER THE STUARTS 

by the Governor to take immediate measures to secure the 
frontier. 2^ Acting, no doubt, under Berkeley's influence, the 
Assembly resolved not to carry the conflict into the enemy's 
territory, but to wage a defensive war. Forts were to be 
erected upon the upper waters of the great rivers, and manned 
with regular troops as a protection to the outer plantations. 
To defray the cost, new and heavy taxes were put upon the 
people.-*^ 

This last act of the Long Assembly caused bitter dissatis- 
faction. The border counties had hoped that provision would 
be made for an expedition against the Indians. No headway 
could be made unless the whites took the offensive and hunted 
down the savages in their own villages. The erection of forts 
was useless.-''^ The Indians would experience no difficulty 
in avoiding them in their murderous raids. They could ap- 
proach the remote plantations, or even those far within the 
frontiers, v/ithout fear of detection by the soldiers, for the 
numerous swamps and dense woods afforded them ample 
covert. It was not intended that the forts should be used as 
bases for expeditions into the enemy's country ; nor could the 
soldiers leave them to pursue and punish the plundering 
savages. What then, it was asked, could be the value of 
fortresses, if they were to defend only the ground upon which 
they stood ?^^ 

The event proved the people right. The forts, when built, 
were but slight obstacles to the invasions of the Indians. The 
murders became more frequent than before. The impotency 
of the defenses of the colony seems to have inspired them to 
more terrible and vigorous attacks. The cry against the forts 
became more bitter. "It was a design," the people thought, 
"of the grandees to engross all their tobacco into their own 
hands''.-^ As the cries of their women and children grew 
more piteous and distressing, the men of the frontier spoke 
openly of disobedience. Rather than pay the taxes for the 

''Mass. S. IV, Vol. IX, p 165; Hen., Vol. II, p. 326. 

^'P. R. O., CO5-1371-373; Hen., Vol. II, pp. Z27-Z29. 

^ Inds' Pros., pp. 8, 9. 

''P. R. O., COS-1371-.378. ''P. R. O., C05-i37r-374- 



BACON'S REBELLION 153 

accursed forts they would plant no more tobacco. If the 
Governor would not send an expedition against the Indians, 
they themselves would march out to avenge their wrongs. 
The forts must be dismantled, the garrisons dismissed. ^"^ 

From all parts of the colony came the insistent demand 
that the Assembly, which had so long been but a mockery of 
representative government, should be dissolved and the people 
given a free election. ^^ But Berkeley was not the man to 
yield readily to this clamor. Never, in all the long years that 
he had ruled over Virginia, had he allowed the rabble to 
dictate his policies. He would not do so now. When peti- 
tions came from the frontiersmen, asking leave to go out 
against the Indians, he returned a brusk and angry refusal. ^^ 
A delegation from Charles City county met with a typical 
reception from the irritable old man. As they stood humbly 
before him, presenting their request for a commission, they 
spoke of themselves as the Governor's subjects. Upon this 
Berkeley blurted out that they were all "fools and logger- 
heads". They were subjects of the King, and so was he. He 
would grant them no commission, and bade them be gone, 
and a pox take them.^^ Later he issued a proclamation for- 
bidding under heavy penalties all such petitions.^^ 

Unfortunately, at this juncture came news that large bodies 
of Indians were descending upon the upper waters of the 
James, and that another bloody assault might soon be ex- 
pected.2^ In terror and anger the people of Charles City 
county seized their arms, determined to repel this threatened 
storm, with or without the Governor's permission. Parties 
went about from place to place beating up volunteers with the 
drum. The magistrates were either in sympathy with the 
movement, or were unable to prevent it.^*' Soon a consider- 
able body of rough, determined men were assembled, awaiting 
only a leader to march out against the enemy. 

This leader they found in one of the most interesting and 

^P. R. O., COs-1371-378; Inds' Pros., p. 8. 

''-p. R. O., CO5-1371-379; CO1-37-17. 

^'P. R. O., COs-1371-375. ''P. R. O., CO1-40-106. 

'^P. R. O., CO5-1371-375. ^Ibid. 

'« Ibid. 



154 VIRGINIA UNDER THE STUARTS 

picturesque characters in Virginia history. Nathaniel Bacon 
is depicted as twenty-nine years of age, black-haired, of 
medium height and slender, melancholy, pensive, and taciturn. 
In conversation he was logical and convincing; in oratory 
magnetic and masterful. ^''^ His successful expeditions against 
the Indians and the swift blows he directed against the loyal 
forces mark him as a military commander of no mean 
ability. ^^ 

Bacon was almost a stranger in Virginia, for he had left 
England less than two years be fore. ^^ He was fortunate, 
however, in having a cousin, also named Nathaniel Bacon, 
high in the favor of Sir William Berkeley.^^ It was doubtless 
through the influence of this relative that the young man at- 
tained a position of great influence, and was appointed to the 
Council itself.'*^ But submission to the will of the imperious 
Governor was the price paid by all that wished to remain long 
in favor in Virginia. Bacon did not approve of Berkeley's 
arbitrary government ; he disliked the long continuation of 
the Assembly, the unjust discriminations, the unusual taxes, 
the incapacity of officials; and it was not in his fiery temper 
to conceal his opinions. Soon, it would seem, the frowns of 
the Governor began to fall upon him, and he grew weary of 
coming to Council.'*- 

Bacon had made his home in Henrico, at that time one of 
the extreme frontier counties. His marked ability, his liberal 
education, his place in the Council soon gave him a position 
of great influence among his rough but hardy neighbors. 
None could be better suited to assume command over the 
desperate volunteers that had gathered in Charles City 
county. 

But it was a very serious step to accept the leadership of 
this band which had taken arms in defiance of the Governor's 
commands. It would expose him to the charge not only of 
disobedience, but of open rebellion. Bacon, however, like all 

"Bac's Pros., p. 9. ''P. R. O., COs-i37i-376. 

''Cotton, p. 4; Mass. S. IV, Vol. IX. p. 180; P. R. O., CO1-37-1. 
*»Va. Mag., Vol. II, pp. 125-129. "P. R. O., COs-i37i-37S. 
'*Va. Mag., Vol. Ill, pp. I34-I35. 



BACON'S REBELLION IS5 

that dwelt upon the frontiers, was angered at the inadequate 
protection given by the government. When news came to 
him that depredations had been committed upon one of his 
own plantations, and that his overseer had been killed, he 
was eager to take revenge.'*^ 

Now some of Bacon's friends, as anxious as he for an 
Indian expedition, and thinking him most proper to con- 
duct it, suggested his name to the volunteers. The men were 
quite willing to accept so influential a commander, but it was 
not so easy to persuade Bacon to take the dangerous place. 
He consented, however, to row across the river, and visit the 
soldiers in their camp. Here the men gathered around him, 
and with joyous shouts of, "A Bacon ! A Bacon !" proclaimed 
him their leader. His friends pressed him to accept. They 
would, they said, accompany him on his expedition. If the 
Governor ordered them to disband, they would defy him. 
"They drank damnation to their souls", if they should prove 
untrue to him. Touched by these proofs of confidence, and 
fired perhaps with ambition, the young man yielded, and 
Bacon's Rebellion had begun.^'* 

From the very first the movement assumed the character of 
an insurrection.''^ Amid the hearty applause of his rough fol- 
lowers. Bacon spoke of the negligence, the incapacity and 
wickedness of the government. Their betrayal into the hands 
of the savages was but one of many grievances. The laws 
were unjust, the taxes oppressive. Something must be done 
to redress these wrongs and to end misgovernment.^*^ And as 
the poor people flocked in to him, he listed their names in a 
huge round-robin and bound them to him by an oath of 
fidelity.^^ 

A message was dispatched to the Governor to request a 
commission authorizing the expedition against the Indians.^^ 

'' P. R. O., COs-1371-376; W. & M. Q., Vol. IX, pp. 4, 7. 
" P. R. O., CO5-1371-376. 
^^P. R. O., CO1-36-S4; COi-36-37; CO1-37-1. 

^"P. R. O., COs-1371-376, 7; CO1-36-S4; CO1-37-1; Mass. S. IV, Vol. 
IX, p. 166. 
" P. R. O., CO5-1371-376, 7. 
^W. & M. Q., Vol. IX, p. 7; Mass. S. IV, Vol. IX, p. 166. 



156 VIRGINIA UNDER THE STUARTS 

But Bacon promised his men that if Sir WilHam withheld his 
assent, he would lead them forth without it ; and in the mean- 
while, without waiting for the Governor's reply, he crossed 
over into New Kent, "a county ripe for rebellion", where he 
expected to strengthen his position and perhaps attack the 
Pamunkeys.^'' This nation had for many years been friendly 
to the English, and had more than once given them invaluable 
assistance against other Indian tribes. Their present queen 
was the widow of Tottopottomoi, who had been killed while 
fighting as the ally of the white men against the Richahec- 
rians.^^ They now occupied land allotted them by the Assem- 
bly, upon the frontier of New Kent, where, it was supposed, 
they would act as a protection to the colony against the raids 
of hostile tribes.^ ^ When the Susquehannocks began their 
depredations Governor Berkeley expected valuable assistance 
from these allies, whom he termed his "spyes and intelli- 
gence" to search out "the bloody enimies".^^ But the Pamun- 
keys not only failed to check the invasion of the Susquehan- 
nocks, but seem to have joined with them in the work of 
bloodshed and pillage. The people of the frontier believed 
that almost all the Indians were leagued together for their 
ruin. The Pamunkeys, they were sure, had taken part in the 
recent atrocities. And as they were their close neighbors, 
knowing all their customs and all their habitations, they were 
especially fitted for the work of destruction. The New Kent 
planters were now impatient to march out against them to take 
revenge for the recent horrible murders. But the Pamunkeys, 
upon hearing of Bacon's approach, deserted their reservation 
and took refuge in the wilderness.^^ 

It is not hard to imagine the Governor's anger when he 
heard of these proceedings. Despite the testimony of the 
frontiersmen, he had refused to believe the Pamunkeys 
guilty, and he still relied upon them for assistance against the 
Susquehannocks. Bacon's proceedings, in frightening them 

" P. R. O., CO5-1371-377 ; W. & M. Q., Vol. IX, p. 4. 
™Hen., Vol. I, p 422; Burk, Vol. II, pp. 104-106; Force, Vol. I, Tract 
VIII, p. 14. 
" Hen., Vol. I, p. 380. '^ Mass. S. IV, Vol. IX, pp. 166, 180. 

''Mass. S. IV, p. 166. 



BACON'S REBELLION 157 

from their lands, upset all his plans of defense. Yet had the 
volunteers contented themselves with attacking the Indians, it 
is conceivable that Berkeley would have yielded. But when 
they took up arms without his permission, put themselves 
under the command of a discontented Councillor, and demanded 
redress of grievances from the government, it was necessary 
for him to resort to repression. The commission was refused 
and a proclamation issued denouncing Bacon's conduct as 
illegal and rebellious. He and his men were offered pardon, 
but only on condition that they lay down their arms, and return 
immediately to their obedience.^"* 

But the mutineers would not obey. Are we, they com- 
plained, to return passively to our homes, there to be slaugh- 
tered by the savage foe? The Governor has given us no 
protection. The Indians are coming. Already the blood of our 
butchered relatives cries aloud to Heaven. We hope we have 
still enough English blood in our veins to think it more hon- 
orable to die in fair battle with the enemy, than to be sneak- 
mgly murdered in our beds. If we lie still, we are destroyed 
by the heathen; if we defend ourselves, we are accounted rebels 
and traitors. But we will fight. And if we must be hanged for 
killing those that will destroy us, let them hang us, we will 
venture that rather than lie at the mercy of our barbarous 
enemies. So, turning their backs upon the plantations, they 
struck out into the dense woods.^^ 

When Berkeley heard that his authority was still de- 
fied, and his pardon rejected, he was resolved at all hazards 
to compel obedience. Gathering around him a party of 
three hundred gentlemen, "well armed and mounted", he 
set out, on the third of May, to intercept the rebels.^'' But 
learning, upon his arrival at the falls of the James, that Bacon 
had crossed the river and was already far away, he decided 
to encamp in the frontier counties and await his return."^''' 

But he sent out a party under Colonel Claiborne to pursue 
the Pamunkeys, and induce them, if possible, to return to their 

"P. R. O., CO5-1371-377; COi-36-55; CO1-37-1. 
'=P. R. O., CO5-1371-377; COi-36-66; COi-37-14. 

'"Mass. S. IV, Vol. IX, p. 167. "P. R. O., 005-1371-377- 



158 VIRGINIA UNDER THE STUAiRTS 

reservation. The savages were found entrenched in a strong 
position, "encompassed with trees which they had fallen in the 
branch of an Impassable swamp". ^^ Their queen refused to- 
abandon this retreat, declaring that since the Governor had 
not been able to command the obedience of Bacon, he could not 
save her people from his violence. But she promised that the 
Pamunkeys should remain peaceable and should take no part 
in the raids of the Susquehannocks. "Of this the Governor 
was informed, who resolved not to be soe answered but to- 
reduce her and the other Indians, soe soone as Bacon could 
be brought to submit. "^^ 

On May the tenth Berkeley issued a new proclamation. 
The taking of arms by Bacon, he said, against his wishes and 
commands, was an act of disloyalty and rebellion. If per- 
mitted to go unpunished, it would tend to the ruin and over- 
throw of all government in the colony. It was his duty to use 
all the forces at his command to suppress so dangerous a 
mutiny. Should the misguided people desert their leader, and 
return to their allegiance, he would grant a free and full par- 
don. And as Nathaniel Bacon had shown himself by his 
rash proceedings utterly unworthy of public trust, he sus- 
pended him from the Council and from all other offices held 
by him. It was amazing, he said, that after he had been Gov- 
ernor of Virginia so many years, and had done always equal 
justice to all men, the people should be seduced and carried 
away by so young and turbulent a person as Bacon.''" 

But although Berkeley was determined to suppress the rebels 
by force of arms, the attitude of the commons in other parts 
of the colony became so threatening that he was forced to 
make some concessions. To the great joy of the people he 
dissolved the unpopular Long Assembly, and ordered a new 
election. It was with sorrow, he declared, that he departed 
with the present Burgesses, who had given frequent proof of 
ability and wisdom. But the complaints of many inhabitants 
of the long continuance of the old Assembly had induced him 
to grant a free election. And if any man had grievances against 

''Mass. S. IV, Vol. IX, p. i68. '^"Ibid. 

"P. R. O., COi-37-i. 



BACON'S REBELLION 159 

his government, or could accuse him of injustice or bribery, 
he was to present his complaint by his Burgesses to the Assem- 
bly, where it would be examined.^^ 

It was indeed time for the Governor to act, for the rebellion 
was spreading to the older and more populous counties. "^^ The 
people there too were denouncing the forts, and demanding 
redress of grievances. Some began to arm, and it seemed 
not improbable that the entire colony might soon be ablaze. 
Hastening back to his residence at Green Spring, he sought 
to appease the people by dismantling the obnoxious forts and 
dismissing their garrisons. ^^ 

In the meanwhile Bacon was making his way through the 
woods southward from the falls of the James in pursuit of the 
Susquehannocks that had committed the recent murders upon 
the frontier. ^^ These savages had not attempted to return to 
their homes north of the Potomac, but had retired to the coun- 
try of the Occaneechees, where they had entrenched themselves 
in two forts. *^^ The Occaneechees dwelt in the southernmost 
part of Virginia, near the site of Clarksville."® They are de- 
scribed as a stout people, and the most enterprising of traders. 
Their chief town, situated upon an island in the Roanoke 
River and defended by three strong forts, was "the Mart for 
all the Indians for att least 500 miles" around. ^'^ The beaver 
skins stored in this place at the time of Bacon's expedition 
are said to have valued no less than £1,000.®^ Persicles, their 
king, was reported to be an enlightened ruler, "a very brave 
man & ever true to ye English". '^'^ 

It was toward this island that Bacon led his men. But a 
quest for Indian allies took him far out of his route. Every- 

*^ P. R. O., COi-36-64. Berkeley's proclamation, addressed to the sheriff 
of Rappahannock county, dissolving the Assembly, and the proclamation 
denouncing Bacon as a traitor were both issued in Henrico, on May 
10, 1676. 

^^P. R. O., COs-1371-379. ^'P. R. O., CO5-1371-379, 411. 

**W. & M. Q., Vol. IX, p. i; Va. Mag., Vol. I, p. 180; P. R. O., 
COi-36-77; CO1-37-16. 

'=Va. Mag., Vol. I, p. 180. '^ W. & M. Q., Vol. XI, p. 121. 

" Mass. S. IV, Vol. IX, p. 167. '' Ibid. 

"P. R. O., CO1-37-16; Va. Mag., Vol. I, p. 182. 



i6o VIRGINIA UNDER THE STUARTS 

where he found the savages reluctant to aid him, even those 
nations that had formerly been most friendly to the English 
now holding aloof from them. This embarrassed him greatly 
for he had relied upon receiving aid from several tribes, and 
his food was not sufficient for a long march. As the little 
army went further and further into the wilderness, they began 
to face the possibility of starvation. When at last they ap- 
proached the Occaneechee country and received promises of 
aid from Persicles, their provisions were nearly exhausted. '^'^ 

Upon reaching the Roanoke the English crossed the north 
branch of the river and encamped upon the Occaneechee 
island."^^ To his deep satisfaction, Bacon found Persicles em- 
broiled with the Susquehannocks, and already preparing for 
their destruction. When these wanderers from the north first 
came to him, Persicles had received them with kindness and 
had relieved their needs. But they, "being exercised in warr 
for many years with the Senecaes, and living on rapin, en- 
deavoured to beat the Ockinagees of their own Island". '^^ 
Persicles had defeated them, however, and forced them to take 
refuge in their two forts. '''^ 

Now the Susquehannocks, in their southward march, had 
subdued and brought with them some members of the Manna- 
kin and Annelecton tribes. '^^ These savages, although they 
lived with their conquerors, had no love for them, and were 
quite willing to join in any plan for their destruction. Per- 
sicles, it would seem, was platting with them to surprise and 
cut off the Susquehannocks, when Bacon appeared with his 
men. Fearing, no doubt, that the participation of the English 
in the attack would render secrecy impossible, Persicles left 
them on the island, and went out alone against the enemy. '^^ 
The Mannakins and Annelectons proved true to their allies and 
the Susquehannocks were easily defeated. Persicles returned 
in triumph, bringing with him several prisoners. These he 

'"P. R. O., COi-36-77. "Va. Mag., Vol. I, p. 181. 

" Mass. S. IV, Vol. I, p. 167. " Ibid. 

'*Va. Mag., Vol. I, p. 181; P. R. O., CO1-37-16; W. & M. Q., Vol. 
IX. p. 2. 
'"P. R. O., CO I -37-16. 



BACON'S REBELLION i6i 

wished the Enghsh to execute, but they "refused to 
take that office".'*^ Thereupon he himself put them to death 
with all the usual Indian tortures, "running fyer brands up 
their bodys & the like".'^" 

But now the friendship of Persicles and the English came 
abruptly to an end. The Berkeley party afterwards claimed 
that Bacon deliberately picked a quarrel with his allies, and 
attacked them without provocation.'^^ It would be unjust, 
however, to place too much confidence in these charges. 
Bacon's men found themselves in a most critical situation. 
They were many miles from the plantations, surrounded by 
the savages, their provisions exhausted. Persicles, they as- 
serted, had failed to keep his promise to supply them with 
food. He was assuming a threatening posture, manning his 
forts, and lining the river bank with his warriors. For Bacon 
to retreat from the island under these circumstances, would 
have exposed his company to destruction. To remain passive 
was to starve. '^^ 

As the English became more insistent in their demands for 
food, Persicles retired to one of his forts, and refused further 
conference. Many of the savages, seeing hostilities imminent, 
deserted their cabins and began to rush in through the en- 
trances of their fortresses. But Bacon interposed his men, 
and succeeded in shutting out many of them.^*^ Now from the 
Indians across the river came a shot, and one of the English 
fell dead.^^ Instantly Bacon ordered a general attack. The 
defenseless men, women and children left in the cabins were 
mercilessly butchered. At the same time fire was opened 
upon the forts. The soldiers rushed up to the portholes, and 
poured their volleys directly in upon the wretched savages. ^^ 
A hideous din arose. The singing and howling of the war- 
riors was mingled with the moans of the dying. Fire was set 
to one of the forts, in which were the king's wife and children. 
As the flames arose, three or four braves made a dash for 

^"P. R. O., CO I -36-77. 

"Mass. S. IV, Vol. IX, p. 167; P. R. O., CO1-37-16; COi-36-77. 
"Mass. S. IV, Vol. IX, p. 167. ^' P. R. O., COi-36-77. 

'"Mass. S. IV, Vol. IX, p. 168. "P. R. O., CO1-37-16. 

*^W. & M. Q., Vol. IX, p. 7. 



i62 VIRGINIA UNDER THE STUARTS 

safety through the hue of the Enghsh. All others in this 
fort, including the king's family, perished amid the burning 
timbers.^^ 

The next day the fight was continued from morn till night. 
Several times the savages sallied forth from their remaining 
forts, and placing themselves behind trees, opened fire upon 
the English. But Bacon's frontiersmen v^^ere accustomed to 
this method of vi^arfare. So v^ell were they posted and so 
cleverly concealed, that most of the enemy were picked ofif 
as they stood. At last Persicles himself led forth a party of 
about twenty men in a desperate attack upon his enemy. 
With great bravery they rushed around the English in a wide 
circle, howling and firing. But they too were unsuccessful. 
Persicles was killed. Several of his men were shot on the 
bank of the river, and fell into the water. Of all this party 
seven only were seen to escape. ^^ 

It now seemed hopeless for the Indians to fight further. 
With their king and many of their warriors dead, and with 
one of their forts in ruins, their ultimate destruction was 
certain if they remained upon the island. So, with their women 
and children, they deserted the remaining forts and escaped. 
How they managed to slip past the victorious white men and 
make their way across the river is not explained. Thinking 
it best not to follow, Bacon secured his plunder, and turned 
his face back towards the plantations.^^ 

The news of the victory over the savages was received with 
enthusiasm in the frontier counties. Bacon had been popular 
with the people before; he now became their idol.^^ He and 
his men, upon their return, found the entire colony deeply 
interested in the election of a' new House of Burgesses. In 
various places popular candidates, men in sympathy with 
Bacon, were being nominated. ^^ In Henrico county the peo- 
ple showed their contempt for the Governor's proclamations by 
electing Bacon himself.^^ 

'^P. R. O., COi-36-77. ^W. & M. Q., Vol. IX, p. 7. 

"P. R. O., COi-36-77; CO1-36-16; T. M., p. II. 
'''W. & M. Q., Vol. IX, p. s. ^'P. R. O., CO5-1371-379. 

'"Bac's Pros., p. n ; T. M., p. 12. 



BACON'S REBELLION 163 

But it would be a matter of no little risk for him to go to 
Jamestown to take his seat in the Assembly. While surrounded 
by his loyal frontiersmen in his own county he might well 
ignore the proclamations against him, but if he put himself 
in the Governor's power, that fiery old man might not hesi- 
tate to hang him as a rebel. His friends would not allow him 
to go unprotected, and insisted upon sending with him a 
guard of forty or fifty armed men.^'' Embarking with this 
company in a sloop, Bacon wended his way down the crooked 
James to the capital. He cast anchor a short distance above 
the town and sent to the Governor to know whether he would 
be allowed to take his seat in the Assembly without molesta- 
tion.^o For reply Sir William opened fire upon the sloop with 
the guns of the fort.^^ Whereupon Bacon sailed further up 
the river out of danger.^^ g^^^ ^^^^ ^-^^^^ ^^ landed with 
twenty of his men, and unobserved by any, slipped silently 
into town.^^ 

In the place resided Richard Lawrence and William Drum- 
mond, both deeply impressed with the need of reform in 
Virginia, and both in sympathy with Bacon's movement. Re- 
pairing to Lawrence's house. Bacon conferred with these two 
friends for several hours.^^ Upon reembarking he was dis- 
covered. Alarm was immediately given in the town and 
several boats filled with armed men pursued him up the river. 
At the same time Captain Gardner, commanding the ship 
Adam and Eve, was ordered to follow the fugitives, and cap- 
ture or sink the sloop. For some hours Bacon eluded them all. 
Finally, however, about three the next afternoon, he was driven 
by the small boats under the guns of the Adam and Eve, and 
forced to surrender. ''^ Coming on board he was entrusted to 
Captain Gardner and Captain Hubert Farrill, and by them 
conducted to the Governor.^^ 

As the prisoner was led before him, the old man lifted his 

o'xf; fr- °-' CO5-1371-369; CO1-37-16, 17; Bac's Pros., p. 11; Mass. 
b, iv, Vol. IX, p. 170. 

-P. R. 0., CO5-1371-379. -Ibid. 

''Ibid. »3jfjjj 

"P. R. O., CO5-1371-380; CO1-37-16; Mass. S. IV, Vol. TX, p 170 
Ibid. »«I5ij}_ 



i64 ■ VIRGINIA UNDER THE STUARTS 

eyes and arms to Heaven, exclaiming, "Now I behold the 
greatest Rebell that ever was in Virginia!"''^ After some 
moments he added, "Mr. Bacon, doe you continue to be a gen- 
tleman? And may I take your word ? If so you are at liberty 
upon your parol. "^^ Later, when the rebel expressed gratitude 
at this mild treatment and repentance for his disobedience, 
Berkeley promised to grant him a free pardon. And should 
he offer a humble submission, he was to be restored to his 
seat in the Council, and even receive the long desired 
commission. ''"•* 

In this unexpected leniency the Governor was probably 
actuated not by magnanimity, but by policy, or perhaps neces- 
sity. When the rebel was out upon his Indian expedition, Sir 
William had not scrupled to tell Mrs. Bacon that he would 
most certainly hang her husband, if ever he got him in his 
power. ^^" But now he dared not do so. Bacon was regarded 
by a large part of the people as their leader in a struggle for 
justice and liberty ; to treat him too harshly might set the 
entire colony ablaze. In fact, many frontiersmen, when they 
heard of the capture of their hero, did hasten down to James- 
town with dreadful threats of revenge should a hair of his 
head be touched. ^^^^ And throughout the colony the mutter- 
ings of impending insurrection were too loud to be mistaken 
or ignored. ^*^- 

A few days after the capture, at a meeting of Council and 
Assembly, the Governor arose from his chair, saying, "If 
there be joy in the presence of the angels over one sinner that 
repenteth, there is joy now, for we have a penitent sinner come 
before us. Call Mr. Bacon." Whereupon the rebel entered, 
and dropping upon his knee, presented his submission. "God 
forgive you," said the. Governor, "I forgive you." "And all 
that were with him?" asked one of the Council. "Yea," said 
Sir William, "all that were with him."^*^^ That very day 
Bacon was restored to his seat in the Council. ^*^'* The soldiers 

■"005-1371-380. "Mbid. 

"Va. Mag., Vol. I, p. 171; Hen., Vol. II, p. 543. 
""W. & M. Q., Vol. IX, p.^. ^"T. M., p. 15. 

"'W. & M. Q., Vol. IX, p. 8. "'T. M., pp. 12-13. 

"*P. R. O., COr-37-i6. 



BACON'S REBELLION 165 

that had been captured with him were freed from their chains 
and permitted to return to their homes. ^*^^ And, to the great 
joy of the people, it was pubhcly announced by one of the 
Burgesses, that Bacon had been granted a commission as 
general in the Indian war.^°^ Feeling that all was now well, 
and that their presence in Jamestown was no longer necessary, 
the sturdy frontiersmen shouldered their fusils, and returned 
to their plantations.^"''' 

But the reconciliation could be but temporary. Bacon's re- 
pentance and submission had been forced from him while 
helpless in the Governor's power. He did not consider it 
morally binding. And so long as the people's grievances 
were not righted, and the Indian war was neglected, he could 
not be content to remain inactive and submissive. On the 
other hand, Sir William probably felt that his promise of a 
commission had been exacted by the unlawful threats of 
Bacon's friends, and might be broken without dishonor. ^^^ 

After waiting several days for his papers. Bacon became 
suspicious of the Governor's intentions, and set out for his 
home in Henrico.^"^ Berkeley consented to his departure, and 
he took "civill leave", but immediately afterwards he repented 
bitterly that he had let his enemy thus slip through his fingers. 
It is probable that information came to him just too late, that 
Bacon was again meditating resistance. Parties of men were 
sent out upon the roads and up the river to intercept his flight. 
The very beds of his lodging house were searched in desperate 
haste, in the hope that he had not yet left Jamestown. But all 
in vain. Bacon had ridden quietly out of town, without 
servants or friends, and was now far on his way towards the 
frontier. ^1" 

On his arrival at Henrico, his old comrades flocked around 
him, eager to be led out against the Indians, and confident in 
the belief that Bacon was authorized to command them. And 
when they learned that he had not secured a commission, and 
was once more a fugitive, they "sett their throats in one com- 

"'Mass. S. IV, Vol. IX, p. 170; P. R. O., CO1-37-16. 

'^W. & M. Q, Vol. IX, p. 8. 

"' Ibid. '"' Ibid. 

"°W. & M. Q., Vol. IX, p. 9. ""Va. Mag., Vol. I, p. 171. 



i66 VIRGINIA UNDER THE STUARTS 

moil key of Oathes and curses, and cried out aloud, that they 
would either have a Commission ... or else they would pull 
downe the Towne".^^^ And as the news spread from place 
to place, rough, angry men came flocking in to Bacon, prom- 
ising that if he would but lead them to the Governor, they 
would soon get him what he pleased. "Thus the raging tumult 
came downe to Towne."^^- 

Vague rumors began to reach the Assembly that Bacon was 
marching on Jamestown at the head of five hundred men.^^^ 
By June the twenty-second, it became definitely known that the 
rebels were approaching. ^^^ Berkeley sent out several mes- 
sengers to demand their intentions, but could get no satisfac- 
tory reply. Hasty preparations were made to defend the 
town.^^^ The neighboring militia was summoned. Four guns 
were dragged to Sandy Bay to command the narrow neck 
of land that connected the peninsula with the left bank of 
the river. ^^® It was proposed to construct palisades across 
the isthmus. Early on the morning of the 23d, Berkeley went 
out himself to direct the mounting of the guns.^^'^ But it was 
too late. On all sides the people were crying, "To arms ! To 
arms! Bacon is within two miles of the town." The rebels 
were threatening, it was reported, that if a gun was fired 
against them, they would kill and destroy all.^^^ Seeing that 
resistance would be useless, and might be fatal, the Governor 
ordered the guns to be dismounted, withdrew his soldiers, and 
retired to the state house.^^^ 

And so the rebels streamed unresisted into the town, a 
motley crew of many sorts and conditions : Rough, weather- 
beaten, determined frontiersmen, bent on having the com- 
mission for their leader; poor planters, sunk deep in debt, 
denouncing the government and demanding relief from their 
taxes; freedmen whose release from bondage had brought 
them little but hunger and nakedness. Moderation and reason 
were not to be expected of such a band, and it is not strange 

^"P. R. O., CO5-1371-381. *''P. R. O., (:Os-i37i-382. 

'^Mass. S. IV, Vol. IX, p. 171. "T. R. O., CO1-37-17. 

""P. R. O., CO1-37-16. "'P. R. O., CO1-37-17. 

'" Ibid. "' Ibid. 
"' Ibid. 



BACON'S REBELLION 167 

that many of them talked openly of overthrowing the govern- 
ment and sharing the property of the rich among themselves. 
Sixteen years of oppression and injustice were bearing their 
natural fruit — rebellion. ^^"^ 

"Now tagg, ragg & bobtayle carry a high hand."^-^ Bacon 
leaves a force to guard Sandy Bay, stations parties at the 
ferry and the fort, and draws up his little army before the 
state-house.^-- Two Councillors come out from Berkeley to 
demand what he wants. Bacon replies that he has come for a 
commission as general of volunteers enrolled against the 
Indians. And he protests that if the Assembly intends a 
levy for new forces, his men will refuse to pay it. The 
ragged troops shout their approval with cries of "Noe Levies ! 
Noe Levies !"^-^ 

It is easy to imagine with what anger the Governor drew 
up and signed the commission. But he dared not refuse it. 
He was in the power of the rebels, who were already muttering 
threats of bloodshed and pillage. To defy them might bring 
instant ruin.^^^ When the commission was brought out, and 
Bacon had read it to his soldiers, he refused to accept it, 
declaring the powers granted insufficient. Thereupon he 
drew up the heads of a new paper, in which his loyalty to the 
king and the legality of his past actions were attested, and an 
appointment given him as general of all the forces in Virginia 
used in the Indian war.^-^ 

These new demands throw the old Governor into an uncon- 
trollable rage. He rushes out to Bacon, gesticulating wildly, 
and declaring that rather than sign such a paper he will have 
his hands cut off.^^^ In his excitement he opens his bosom, 
crying out, "Here, shoot me, fore God fair mark."^^'^ Then 
he offers to measure swords with the rebel before all his men, 
shouting, "Let us settle this difference singly between our- 
selves. "^^^ But Bacon ignores these ravings. "Sir," he says, 
"I come not nor intend to hurt a haire of your Honors head. 

^="P. R. O., CO1-37-16. "^P. R. O., CO1-37-17. 

^P. R. O., CO1-37-16, 17; T. M., p. 16. 

^='P. R. O., CO1-37-17. "^'P. R. O., CO1-37-16. 

"■'Ibid. ^^''P. R. O., CO I -37-16. 

"' P. R. O., COs-1371-382. '"-' P. R. O., CO1-37-16. 



i68 VIRGINIA UNDER THE STUARTS 

And for your sword, your Honor may please to put it up, it 
will rust in the scabbard before ever I shall desire you to 
draw it. I come for a commission against the Heathen who 
daily inhumanly murder us and spill our bretherens blood. "^-^ 

In the general distraction somebody takes the proposals to 
the Burgesses, now sitting in an upper chamber of the state 
house. Bacon struts impatiently below, muttering threats and 
"new coyned oathes".^^^ At a window of the Assembly room 
are a number of faces, looking out on the exciting scenes 
below. Bacon calls up to them, "You Burgesses, I expect your 
speedy result." His soldiers shout, "We will have it, we will 
have it." At a command from Bacon the rebels cock their 
fusils, and take aim at the crowded window. "For God's 
sake hold your hands," cry the Burgesses, "forbear a little 
and you shall have what you please."^^^ And now there is 
wild excitement, confusion and hurrying to and fro. From 
all sides the Governor is pressed to grant the commission in 
Bacon's own terms. At last he yields, and the paper is 
signed. 

But new humiliation awaited him. The next morning 
Bacon entered the House of Burgesses with an armed guard, 
demanding that certain persons active in obeying the Gover- 
nor's orders should be deprived of all offices, and that recent 
letters to the King denouncing him as a rebel should be publicly 
contradicted. When Berkeley heard of these demands, he 
swore he would rather suffer death than submit to them. 
But the Burgesses, who thought it not unlikely that they might 
soon have their throats cut, advised him to grant whatever 
was demanded. ^^^ So a letter was written to the King, and 
signed by the Governor, the Council and the Burgesses, ex- 
pressing confidence in Bacon's loyalty and justifying his past 
actions. ^^^ Several of Berkeley's friends were committed to 

"'P. R. O, COs-1371-382. ^'"P. R. O., CO1-37-16. 

'^ P. R. O., CO5-1371-382. In the various accounts left us of these 
scenes there is usually agreement upon the essential points. But in details 
and the sequence of events there is much discrepancy. The author has 
endeavored to present the facts in accordance with the greatest weight 
of evidence. 

'''P. R. O., CO1-37-16, 17. 

^'^P. R. O., COs-1371-383; CO1-37-1S.1. 



BACON'S REBELLION 169 

prison. Blank commissions for officers to command under 
Bacon in the Indian war were presented for signature. The 
Governor granted all, "as long as they concerned not life 
and limb", being "willing to be ridd of him". The Assembly 
finished its session, and thinking to appease the rebels, sent 
their laws out to be read before them. But they rose up like 
a swarm of bees, and swore they would have no laws.^^^ Yet 
the legislation of this session was exceedingly liberal. The 
elections had been held at a time when the people were bitterly 
angry with the Governor and disgusted with the old regime. 
In several counties popular candidates, men bent upon refomi, 
had been elected over Berkeley's friends. ^^^ These men, aided 
by the menacing attitude of the people, had initiated a series 
of bills designed to restrict the Governor's power and to re- 
store to the commons their rightful share in local govern- 
ment. But it was probably the presence of Bacon with his 
ragged troops at Jamestown that brought about the final 
passage of the bills. The Governor and the Council would 
hardly have given their consent, had they not been forced to 
do so at the sword's point. 

Indeed these laws aimed a telling blow at the aristocratic 
cliques that had so long controlled all local government. It 
was to be illegal in the future, for any man to serve as sheriff 
for two consecutive terms. ^^^ Surveyors, escheators, clerks 
of the court and sheriff's should hold only one office at a 
time.^^"^ The self-perpetuating vestries which had long con- 
trolled the parishes and levied church taxes, were to give 
place to bodies elected tri-annually by the freemen. ^^^ An act 
was passed restricting the power of the county courts. For 
the future the people were to elect representatives, equal in 
number with the justices, to sit with them, and have a voice 
"in laying the countie assessments, and of making whole- 
some lawes".^^^ Councillors were no longer to be exempt 
from taxation. The act of 1670, restricting the right to vote 
for Burgesses to freeholders was abolished, and the franchise 

^=^P. R. O., CO1-37-16. ^^P. R. O., CO5-1371-379. 

^'"Hen., Vol. II, p. 353- "'Hen., Vol. II, p. 354- 

'^ Hen., Vol. II, p. 359. "° Hen., Vol. II, p. 357. 



I/O 



VIRGINIA UNDER THE STUARTS 



extended to all freemen. ^•*° And since "the frequent false 
returns" of elections had "caused great disturbances", it was 
enacted that any sheriff found guilty of this crime should be 
fined twenty thousand pounds of tobacco. ^^^ 

Hardly had the Assembly closed its session when the news 
was received that the Indians were again on the war-path, 
having killed eight persons in the upper counties. This caused 
great alarm in the rebel army, and Bacon found it necessary 
the next day to lead them back to the frontier that they might 
guard their homes and families. ^^" 

Here active preparations were made for a new expedition 
against the savages. Now that Bacon had a commission signed 
by the Governor and confirmed with the public seal, men were 
quite eager to follow him. On all sides volunteers fiocked in 
to offer their services against the brutal enemy. Even Coun- 
cillors and Burgesses encouraged their neighbors to enlist, 
declaring that no exception could be taken to the legality of 
the commission. ^"'^ Thus hundreds swallowed "down so fair 
a Bait, not seeing Rebellion at the end of it".^"*^ 

In the meanwhile, the Governor, angered at the great indig- 
nities put upon him, was planning to regain his lost authority. 
A petition was drawn up in Gloucester county by Sir William's 
friends, denouncing Bacon, and asking that forces be raised to 
suppress him.^^^ Although most of the Gloucestermen, it 
would seem, had no part in this request, Berkeley crossed over 
the York River to their county and began to enlist volun- 
teers.^'*® But he met with little success. Even in this part of 
the colony Bacon was the popular hero, and men refused to 
serve against him. It seemed outrageous to many that while 
he was out to fight the common enemy, the Governor should 
attack him in the rear. All his desperate efforts were in 
vain. Sick at heart and exhausted from exertions too great 
for his age, he is said to have fainted away in the saddle.^'*''' 

The news that Berkeley was raising forces reached Bacon 

"*Hen., Vol. II, p. 356. '"Ibid. 

"==?. R. O., CO1-37-16. "•'€05-1371-38^, 38s. 

'"P. R. O., CO5-1371-383. "'Mass. S. IV, Vol. IX, p. 181. 

""P. R. O., CO5-1371-38S. 

"'P. R. O., COs-1371-387; T. M., p. 20. 



BACON'S REBELLION 171 

at the falls of James River, just as he was going to strike out 
into the woods. "Immediately he causes the Drums to Beat 
and Trumpets to sound for calling his men to-gether."^^*. 
"Gentlemen and Fellow Soldiers," he says, when they are 
assembled, "the news just now brought me, may not a little 
startle you as well as myselfe. But seeing it is not altogether 
unexpected, wee may the better beare it and provide our 
remedies. The Governour is now in Gloster County endeavour- 
ing to raise forces against us, having declared us Rebells and 
Traytors. ... It is Revenge that hurries them on without 
regard to the Peoples safety. (They) had rather wee should 
be Murder'd and our Ghosts sent to our slaughter'd Country- 
men by their actings, then wee live to hinder them of their 
Interest with the Heathen, . . . Now then wee must be forced 
to turne our Swords to our own Defence, or expose ourselves 
to their Mercyes. . . . Let us descend to know the reasons 
why such a proceedings are used against us . . . (why) those 
whome they have raised for their Defence, to preserve them 
against the Fury of the Heathen, they should thus seek to 
Destroy. (Was there) ever such a Theachery . . . heard 
of, such Wickednesse and inhumanity? But they are damned 
Cowards, and you shall see they will not dare to meet us in 
the field to try the Justnesse of our Cause."^'*^ 

Whereupon the soldiers all cried, "Amen. Amen." They 
were ready to follow him. They would rather die fighting 
than be hanged like rogues. It would be better to attack the 
Governor at once than have him come upon their rear while 
they were engaged in the woods with the savages. ^^^^ And so, 
with universal acclaim, they gathered up their arms, and set out 
to give battle to the Governor. 

But Berkeley had fled. Upon finding that the militia of 
Gloucester and Middlesex would not support him, he had 
taken ship for the Eastern Shore. Here, for the time being, he 
was safe from the angry rebels. It would be difficult for 
Bacon to secure vessels enough to transport his men over to 
Accomac; to march them hundreds of miles around the head 
of Chesapeake Bay was out of the question. 

"^P. R. O., 005-1371-385. "'P. R. O., CO5-1371-38S. 

•^P. R. O., CO5-1371-386. 



172 VIRGINIA UNDER THE STUARTS 

The flight of the Governor left Bacon undisputed master of 
all the mainland of Virginia. Every wliere he w^as hailed by 
the people as their hero and deliverer. Those that still re- 
mained loyal to Sir William either fled with him or rendered 
their submission to the rebel. For a while, at least, he could 
prosecute the Indian war and redress the public grievances 
without fear of interruption. ^^^ 

But now Bacon was confronted with the question of what 
attitude he should assume to the English government. Ber- 
keley had written home denouncing him as a rebel and traitor. 
The King assuredly would not tolerate his conduct. No doubt 
preparations were already being made to send British troops to 
the colony. Should he defy^ the King and resist his soldiers 
in the field of battle? 

Bacon made up his mind to fight. The dense woods, the 
many swamps and creeks, the vast distances of the colony 
would all be favorable to him. He would resort to the Indian 
method of fighting. His men were as brave as the British; 
were better marksmen. Five hundred Virginians, he was sure, 
would be a match for two thousand red coats. If England 
sought to bring him to his knees, by blockading the coast and 
cutting off all foreign trade, he would appeal to the Dutch or 
even to the French for assistance. Assuredly these nations 
would not neglect so favorable an opportunity of injuring their 
old rival and enemy. He even cherished a wild dream of 
leading his rebels back into the woods, to establish a colony 
upon an island in the Roanoke river. ^^- 

But Bacon knew that the people would hesitate to follow 
him into open resistance to England. Ties of blood, of reli- 
gion, of interest were too strong. All the injustice done them 
by the King, all the oppression of the Navigation Acts, could 
not make them forget that they were Englishmen. So he 
found it necessary to deceive them with a pretence of loyalty. 
He himself took the oath of allegiance and supremacy, and 
he imposed it upon all his followers. His commands were issued 
in the King's name. He even went to the absurd extremity of 

'"P. R. O., COs-1371-387. 

*°'P. R. O., CO5-1371 -232-240; COi-39-38. 



BACON'S REBELLION 173 

declaring it for the service of the Crown to disobey the King's 
commands, to arrest the King's Governor, to fight the King's 
troops. ^^^ 

ReaHzing that resistance to his plans would come almost 
entirely from the upper classes. Bacon made especial efforts 
to seduce the wealthy planters. On August the third, a num- 
ber of influential gentlemen assembled upon his summons at 
Middle Plantation, to discuss the means of protecting the 
people from the Indians, and preventing civil war. After de- 
livering a long harangue, justifying his own actions and 
denouncing the Governor, Bacon requested the entire company 
to take three oaths which he had prepared. First, they were 
to promise to assist him in prosecuting the Indian war. 
Secondly, they must combat all attempts of the Governor and 
his friends to raise troops against him. Thirdly, they were 
asked to declare it consistent with their allegiance to the King 
to resist the royal troops until his Majesty could be informed 
by letter from Bacon of the justice of his cause. ^^^ This last 
article caused prolonged and bitter controversy. But Bacon 
locked the doors, it is said, and by persuasion and threats 
induced them all to sign. The t'hree oaths were taken by no 
less than sixty-nine prominent men, among them Thomas 
Swann, Thomas Milner, Philip Lightfoot and Thomas 
Ballard. 1^^ 

Bacon now felt himself strong enough to take active control 
of the administration of the government. He did not assume, 
however, the title of Governor, but styled himself "General 
by the consent of the people". ^^^ Nor did he venture to pro- 
ceed in the alteration of laws or the redress of grievances with- 
out the advice and support of the representatives of the people. 
In conjunction with four members of the Council, he issued 
orders for an immediate election of a new Assembly, to meet 
on the fourth of September, at Jamestown. ^^"^ 

Having settled these matters, Bacon turned his attention 
to two military expeditions — one against the Indians, the other 

^''P. R. O., CO1-37-41. '=*p. R. o., COi-37-42. 

"'Ibid. ^^'P. R. O., CO1-37-41. 

"' P. R. O., COi-37-43. 



174 VIRGINIA UNDER THE STUAJRTS 

against the Governor. The continued activity of the savages 
and the exposed condition of the frontier demanded his per- 
sonal attention, but he was resolved not to leave the lower 
counties exposed during his absence to attack from the Eastern 
Shore. Seizing an English ship, commanded by a Captain 
Larrimore, which was lying in James River, he impressed her, 
with all her crew, into his service against the Governor. In 
this vessel, with a sloop and a bark of four guns, he embarked 
a force of two hundred or more men.^'^*^ The expedition 
was placed under the command of Captain William Carver, "a 
valiant, stout Seaman", and Gyles Bland, both devoted to 
Bacon's cause and high in his favor. They were ordered to 
patrol the coast to prevent raids upon the Western Shore, and, 
if possible, to attack and capture the Governor. 

Bacon himself hastens to Henrico, "where he bestirs himself 
lustily in order to a Speedy March against the Indians". It 
was his intention to renew his attack upon the Occaneechees 
and the Susquehannocks, but for some reason he gave up this 
design to turn against the Pamunkeys. Hastening across from 
the James to the York, Bacon met Colonel Gyles Brent, who 
brought with him reinforcements from the plantations upon the 
upper waters of the Rappahannock and Potomac. Their united 
forces marched to the extreme frontier and plunged into the 
wilderness. Discovering a narrow path running through the 
forest, the English followed it to a small Pamunkey village 
situated upon a neck of land between two swamps. As Bacon's 
Indian scouts advanced upon the place they were fired upon 
by the enemy. Whereupon the English came running up to 
assault the village. But the Pamunkeys deserted their cabins 
and fled into the adjacent swamps, where the white men 
found it impossible to pursue them. All made good their es- 
cape except one woman and one little child. ^^^ 

• Continuing his march, Bacon stumbled upon an old squaw, 
the nurse of the Pamunkey queen, whom he ordered to act as 
his guide. But the woman, unwilling to betray her people, led 
him far astray, many miles from the Indian settlements. The 

'='P. R. O., CO5-1371-388; Burk, Vol. II, p. 271. 
'^■'P. R. O., CO5-1371-390. 



BACON'S REBELLION 175 

English followed her "the remainder of that day & almost 
another day" before they discovered that they were being 
deceived. When sure of her treachery, "Bacon gave com- 
mand to his soldiers to knock her on the head, which they did, 
and left her dead on the way".^*^^ The army now wandered 
around at random in the woods, following first one path and 
then another, but could not discover the enemy. The ap- 
pointed time for the new Assembly was approaching, and it 
was imperative for Bacon to be at Jamestown to open the 
session. He was resolved, however, not to return to the 
colony until he had struck a decisive blow at the Indians. 
Sending a message to the people "that he would be with them 
with all possible speed", he resumed his discouraging quest. ^^^ 

But the Indians still eluded him. It seemed a hopeless task 
to discover their villages amid the dense woods and treacher- 
ous swamps. His men became discouraged. "Tyred, murmur- 
ing, impatient, hunger-starv'd", many begged him to lead them 
back to the plantations. But Bacon would not abandon the 
expedition. He would rather die in the woods, he said, than 
disappoint the confidence reposed in him by the people. Those 
that felt it necessary to return home, he would permit to 
depart unmolested. But for himself, he was resolved to con- 
tinue the march even though it became necessary to exist upon 
chincapins and horse flesh."- Whereupon the army was divided,. 
one part setting out for the colony, the other resuming the 
search for the savages. 

That very day Bacon runs upon the main camp of the 
Pamunkeys and immediately attacks them. The savages are 
encamped upon a "piece of Champion land", protected on 
three sides by swamps, and covered with a dense growth of 
"small oke, saplings, Chinkapin-Busihes and grape vines". 
As the English charge in among them they offer little resis- 
tance, but desert their habitations and flee. Some are shot 
down, many are captured. Bacon takes possession of all their 
goods — "Indian matts, Basketts, Match cotes, parcells of 
Wampameag and Roanoke, Baggs, Skins, fifurs", etc. 

•""P. R. O., CO5-1371-391. '" P. R. O., CO5-1371-392. 

'''^P. R. O., CO5-1371-392. 



176 VIRGINIA UNDER THE STUARTS 

The poor queen fled for her life with one httle boy, and 
wandered fourteen days in the woods, separated from her 
people. "She was once coming back with designe to throw 
herself upon the mercy of the English", but "happened to 
meet with a deade Indian woman lying in the way, . . . 
which struck such terror in the Queen that fearing their 
cruelty by that ghastly example, shee went on . . . into the 
wild woodes". Here she was preserved from starvation by 
eating part of a terrapin, found by the little boy.^^^ After 
this victory, Bacon secured his plunder and his captives, and 
hastened back to the plantations. 

In the meanwhile the expedition against Accomac had ended 
in disastrous failure. ^'^^ Carver and Bland had been given in- 
structions to capture the Governor, and Bacon proposed, if 
ever he got him in his power, to send him to England, there 
to stand trial for his misgovernment and his betrayal of the 
people to the barbarous Indians. ^^^ Even though it was quite 
probable that the King would send him back, the colony would 
for a time be rid of his troublesome presence. 

Upon the arrival of the little fleet off the coast of Accomac, 
it was decided to send Carver ashore under a flag of truce, 
to treat with the Governor.^^® Leaving Bland to guard the 
fleet with a force not superior in number to the English 
sailors, Carver set out in the sloop "with the most trusty of 
his men".^*^^ In the meanwhile Captain Larrimore and his 
sailors, who resented their enforced service with the rebels, 
were plotting to betray them to the enemy. In some way 
Larrimore contrived to get a message to Berkeley, requesting 
him to send out a party of loyal gentlemen in boats, and 
promising to deliver his ship into their hands. ^"^ The Governor 
at first was loath to venture upon such a hazardous under- 
taking. ^"^^ The whole thing might be a snare to entrap his 
men. Yet his situation was desperate; he must take desperate 
chances. 

'■^P. R. O., CO5-1371-393. ""P. R. O., CO5-1371-393. 

"=P. R. O., CO5-1371-394. ""Ibid. 

"'T. M., p. 22. 

"'P. R. O., CO5-1371-394; Burk, Vol. II, p. 271. 

""Burk, Vol. IT. p. 271. 



BACON'S REBELLION 177 

Placing a party of twenty-six men in two small boats, he 
sent them out under the command of Colonel Philip Ludwell, 
to surprise the ship.^"*' Fearing that Carver might return 
before the capture could be effected, Berkeley "caressed him 
with wine", and detained him with prolonged negotiations. 
Upon reaching the ship, Ludwell and his men rowed up close 
under her side, and clambered in at "the gun room ports". 
"One courageous gentleman ran up to the deck, and clapt a 
pistoll to Bland's breast, saying you are my prisoner."^'''^ The 
rest of the company followed upon his heels, brandishing their 
pistols and swords. Captain Larrimore and his crew caught 
up spikes, which they had ready at hand, and rushed to Lud- 
well's assistance. The rebels, taken utterly by surprise, many 
no doubt without arms, "were amazed and yielded". ^'^- 

A short while after, Carver was seen returning in the sloop 
from his interview with the Governor. "They permit the boat 
to come soe neere as they might ffire directly downe upon her, 
and soe they alsoe commanded Carver on Board & secured 
him. When hee saw this surprize he stormed, tore his haire 
off, and curst, and exclaimed at the Cowardize of Bland that 
had betrayed and lost all their designe."^"^ Not long after 
he was tried for treason by court martial, condemned, and 
hanged. ^'^"^ 

Elated by this unexpected success, the Governor determined 
to make one more effort to regain his lost authority. The 
rebels were now without a navy; they could not oppose him 
upon the water, or prevent his landing upon the Western 
Shore. With the gentlemen that had remained loyal to him, 
the troops of Accomac, many runaway servants and English 
sailors he was able to raise a force of several hundred men.^'^ 
Embarking them in Captain Larrimore's ship, in the Adam 
and Eve, and sixteen or seventeen sloops, he set sail for 
Jamestown. ^'''^ 

"" Ibid. "' T. M., p. 22. 

"'T. M., p. 22. "'P. R. O., CO5-1371-394. 

^^'*T. M., p. 23; P. R. O.. CO5-1371-52, 54. 

"' The account of the King's commissioners places the number at six 
hundred; in Bacon's Proceedings it is given as one thousand. 
""P. R. O., COs-1371-394; Bac's Pros., p. 21. 



178 VIRGINIA UNDER THE STUARTS 

In the meanwhile the appointed date for the convening of 
the Assembly had come. It is probable that the members 
were arriving to take their seats when the news of the Gov- 
ernor's approach reached the town.^'^''^ Bacon was still absent 
upon the Pamunkey expedition. There seems to have been 
no one present capable of inspiring the rebels with confidence, 
or of leading them in a vigorous defense. When the sails of 
the Governor's fleet were seen, on the seventh of September, 
wending their way up the river, the place was thrown into the 
wildest confusion. Sir William sent a message ashore, offer- 
ing a pardon to all, with the exception of Lawrence and Drum- 
mond, that would lay down their arms and return to their 
allegiance. ^^^ But few seem to have trusted him, "feareing to 
meet with some afterclaps of revenge". ^'^^ That night, before 
the place could be fully invested, the rebels fled, "every one 
shifting for himself e with no ordnary feare".^^^ "Collonell 
Larence . . . forsooke his owne howse with all his wealth and 
a faire cupbord of plate entire standing, which fell into the 
Governour's hands the next morning." ^^^ 

This was the unwelcome news which greeted Bacon upon 
his return from the Indian expedition. So many of his sol- 
diers had left for their homes before the final defeat of the 
Pamunkeys, that he now had with him less than one hundred 
and fifty men.^^^ Yet he resolved to march at once upon 
Jamestown to attack the Governor. His little band gave him 
enthusiastic assurance of loyal support. He knew that he had 
the well wishes and prayers of the people, while his opponents 
were "loaded with their curses". Berkeley's men, although 
so much more numerous than his own, he believed to be 
cowards that would not dare appear against him in the field. 
Victory would be easy and decisive. ^^^ 

So, after delaying a short while to gather reinforcements 
from New Kent and Henrico, he marched with extraordinary 
swiftness down upon the enemy. ^^^ Everywhere along the 

"^ Bac's Pros., p. 22. "* Bac's Pros., p. 22. 

"' Bac's Pros., p. 22. '"" Bac's Pros., p. 22. 

'^^ Bac's Pros., p. 22. ^^== P. R. O., CO5-1371-394. 

'^P. R. O., CO5-1371-39S. "'P. R. O., C05-I37I-395- 



BACON'S REBELLION 179 

route he was hailed by the people as their deliverer. The 
sight of the sullen Indian captives that he led along with him 
"as in a Shew of Triumph", caused enthusiastic rejoicing. 
Many brought forth fruit and other food to refresh his 
weary soldiers. The women swore that if he had not men 
enough to defeat the Governor, they themselves would take 
arms and follow him. All prayed for his success and happi- 
ness, and exclaimed against the injustice of his enemies. ^^^ 

Before Berkeley had been in possession of Jamestown one 
week. Bacon was upon him. On the evening of September 
the thirteenth, the little rebel band arrived at Sandy Bay, 
driving before them a party of the Governor's horse. ^^^ With 
singular bravado, Bacon himself rode up to the enemy, fired 
his carbine at them, and commanded his trumpets to sound 
their defiance. ^^" Few thought, however, he would attempt to 
capture the town, for the Governor's position was very strong. 
The narrow isthmus, by which alone the place could be ap- 
proached, was defended by three heavy guns planted behind 
strong palisades. ^^^ Upon the left, "almost close aborde the 
shore, lay the ships, with their broadesides to thunder" upon 
any that dared to assault the works. The loyal forces had 
recently been augmented to a thousand men, and now outnum- 
bered the rebels three to one. Yet Bacon seems to have medi- 
tated from the first an attack upon the place, and was 
confident of success.^^^ 

Although his men had marched many miles that day he set 
them immediately to work within gun-shot of the enemy, build- 
ing an entrenched camp.^^° All night long, by the light of the 
moon, the soldiers toiled, cutting bushes, felling trees and 
throwing up earthworks. But it soon became apparent that 
their utmost efforts would not suffice to complete the trenches 
before dawn, when the enemy's guns would be sure to open 
upon them. In this dilemma, Bacon hit upon a most unmanly 
expedient to protect his men at their work. Sending out sev- 
eral small parties of horse, he captured a number of ladies, the 

^^=P. R. O., CO5-1371-395. ""P. R. O., CO5-1371-396. 

^''P. R. O., CO5-1371-397, 400. '""Bac's Pros., p. 24. 

^^'Bac's Pros., p. 24. '""P. R. 0., COs-i37i-396. 



i8o VIRGINIA UNDER THE STUARTS 

wives of some of Berkeley's most prominent supporters. 
"Which the next morning he presents to the view of there 
husbands and ffriends in towne, upon the top of the smalle 
worke hee had cast up in the ni^ht, where he caused them to 
tarey till hee had finished his defence."^^^ The husbands were 
enraged that the rebels should thus hide behind the "white 
aprons" of their innocent wives, but they dared not make an 
assault. 

When, however, the ladies were removed, "upon a Signall 
given from ye Towne the Shipps fire their Great Guns and at 
the same tyme they let fly their small-Shott from the Palai- 
sadoes. But that small Sconse that Bacon had caused to be 
made in the night, of Trees, Bruch, and Earth soe defended 
them that the Shott did them noe damage at all, and was 
returned back as fast from the little Fortresse."^^^ 

Fearing that this cannonade will be followed by an assault 
upon his works, Bacon places a lookout on the top of a near-by 
brick chimney, which commands a view of the peninsula. On 
the sixteenth, the watchman announces that the enemy are pre- 
paring for an assault, and the rebels make ready to give them 
a warm reception. The Governor's forces, six or seven hun- 
dred strong, dash across the Sandy Bay, in an attempt to storm 
Bacon's redoubts. ^^^ Horse and foot "come up with a narrow 
front, pressing very close upon one another's shoulders". But 
many of them fight only from compulsion, and have no heart 
for their task. At the first volleys of shot that pour in upon 
them from the rebel army, they throw down their arms and 
flee. They marched out, as one chronicler says, "like schol- 
ars going to school . . . with heavy hearts, but returned hom 
with light heels". ^'•^■^ Their officers were powerless to stem 
the rout, until they were safe under the protection of the 
palisades. ^'^^ 

''^Cotton, p. 8; Bac's Pros., p. 24. The report of the commissioners 
places this incident some days later, after the assault of the 15th. The 
author has followed the account given in Bacon's Proceedings, which 
seems to him probably more correct. Bacon could have no object in 
exposing the ladies aftter his trenches were completed, his heavy guns 
mounted and the enemy defeated. 

'''P. R. O., C05-I37I-397. "' Bac's Pros., p. 25. 

"' Bac's Pros., p. 25. ''' P. R. O., C05-i37r-398, 400. 



BACON'S REBELLION i8i 

The Governor's losses in dead and wounded were very small, 
but the moral effect of his defeat was great. The rebels were 
so elated at their easy victory, and so scornful of their 
cowardly opponents, "that Bacon could scarce keep them from 
immediately falling to storm and enter the Towne".^^^ On 
the other hand, the loyal troops were utterly discouraged. 
Many of them, that had been "compelled or hired into the Ser- 
vice", and "were intent only on plunder", clamored for the 
desertion of the place, fearing that the victorious rebels would 
soon burst in upon them.^^'^ 

"The next day Bacon orders 3 grate guns to be brought 
into the camp, two whereof he plants upon his trench. The 
one he sets to worke against the Ships, the other against the 
entrance into the towne, for to open a pasage to his intended 
storm."^^^ Had the rebels delayed no longer to make an 
assault it seems certain they could have carried the palisades 
with ease, taken many of the enemy, and perhaps captured the 
Governor himself. The loyal soldiers were thinking only 
of flight. "Soe great was the Cowardize and Basenesse of the 
generality of Sir William Berkeley's party that of all at last 
there were only some 20 Gentlemen willing to stand by him." 
So that the Governor, "who undoubtedly would rather have 
dyed on the Place than thus deserted it, what with (the) im- 
portunate and resistless solicitations of all was at last over 
persuaded, nay hurried away against his will".^^^ "Takeing 
along with him all the towne people, and their goods, leaveing 
all the grate guns naled up, and the howses emty", he left the 
place a prey to the rebels.^*'^ "So fearful of discovery they are, 
that for Secrecy they imbarque and weigh anchor in the Night 
and silently fall down the river. "^^^ 

Early the next morning Bacon marched across the Sandy 
Bay and took possession of the deserted town.^*'^ Here he 
learned that the Governor had not continued his flight, but 
had cast anchor twenty miles below, where he was awaiting 

"'•P. R. O., COs-1371-400. '"'Ibid. 

""Bac's Pros., p. 25. ''"P. R. O., CO5-1371-400. 

'^ Bac's Pros., p. 26. =" P. R. O., €05-1371-400. 

^^^'P. R. O., CO5-1371-401 ; Bac's Pros., p. 26. 



i82 VIRGINIA UNDER THE STUARTS 

a favorable opportunity to recapture the place.-"^ At the same 
time, news came from the north that Colonel Brent, Bacon's 
former ally, was collecting troops in the counties bordering 
upon the Potomac River, and would soon be on the march to 
the Governor's assistance, with no less than a thousand men.-"* 
Should this new army, by acting in concert with the fleet, suc- 
ceed in blocking Bacon up at Jamestown, the rebels would be 
caught in a fatal trap. The peninsula could hardly be de- 
fended successfully against superior forces by land and water, 
and they would be crushed between the upper and nether mill- 
stones. On the other hand, should they desert the town, in 
order to go out against Brent, Berkeley would undoubtedly 
return to take possession of it, and all the fruits of their victory 
would be lost. 

After long consultation with his chief advisors. Bacon 
decided to destroy the town.-"^ That very night he set fire 
to the place, which in a few hours was reduced to ashes. Not 
even the state-house, or the old church were spared. Drum- 
mond and Lawrence, it is said, showed their unselfish zeal for 
the cause by applying the torch to their homes with their own 
hands. ^'^'^ As the Governor, from his ships, saw in the distance 
the glare of the burning buildings, he cursed the cowardice of 
his soldiers that had forced him to yield the place to the rebels. 
But as it could now serve him no longer as a base, he weighed 
anchor, and set sail for Accomac.-"''^ 

Deserting the ruined town. Bacon led his men north 
to Green Spring, and thence across York River into 
Gloucester county. Here there came to him a messenger 
riding "post haste from Rapahanock, with news that Coll : 
Brent was advancing fast upon him".^''^ At once he summons 
his soldiers around him, tells them the alanning news, and asks 
if they are ready to fight. The soldiers answer "with showtes 
and acclamations while the drums thunder a march to meet 
the promised conflict". ^"^ 

'"'Bac's Pros., p. 26. ="* Bac's Pros., p. 26. 

^'P. R. O., COs-1371-401. ^"''P. R. O., CO5-1371-40S. 

*"P. R. O., CO5-1371-401 ; Cai-39-22; Bac's Pros., p. 26. 
"'Bac's Pros., p. 26. ""'Bac's Pros., p. 26. 



BACON'S REBELLION 183 

Bacon had advanced not "above 2 or 3 days jurney, but he 
meets newes . . . that Brents men were all run away, and 
left him to shift for himselfe".^^^ Like the troops that had so 
signally failed of their duty in the battle of Sandy Bay, these 
northern forces had no desire to meet Bacon. Many of them 
were undoubtedly pressed into service ; many were in sympathy 
with the rebellion. At all events they deserted their leaders 
before the hostile army came in sight, and fled back to their 
homes. 

Thus Bacon once more found himself master of all the 
mainland of Virginia. But his situation was more critical 
than it had been in July and August. Many of the prominent 
gentlemen that had then given him their support, and had taken 
his three oaths, were now fighting on the side of the Governor, 
It was quite certain that royal forces were being equipped 
for an expedition to Virginia, and might make their appear- 
ance within the capes before many more weeks. Moreover, 
the disastrous failure of Carver and Bland had left him 
without a navy and exposed all the Western Shore to attack 
from the loyal forces in Accomac. 

Realizing his danger. Bacon felt it necessary to bind the 
people to him more closely. Summoning the militia of 
Gloucester to meet him at their county court-house, he de- 
livered a long harangue before them and tendered them an 
oath of fidelity. They were asked to swear that if the King's 
troops attempted to land by force, they would "fly to-gether as 
in a common calamity, and jointly with the present Army . . . 
stand or fall in the defense of . . . the Country". And "in 
Case of utmost Extremity rather then submitt to so miserable 
a Slavery (when none can longer defend ourselves, our Lives 
and Liberty's) to acquit the Colony.-^ ^ 

The Gloucestermen were most reluctant to take this oath. 
A Mr. Cole, speaking for them all, told Bacon that it was their 
desire to remain neutral in this unhappy civil war. But the 
rebel replied that if they would not be his friends, they must 
be his enemies. They should not be idle and reap the benefit 
of liberty earned by the blood of others. A minister, named 

^» Bac's Pros., p. 26. "' P. R. O., CO5-1371-402. 



i84 VIRGINIA UNDER THE STUARTS 

Wading, who was active in persuading the men to refuse the 
oath, was committed to prison by Bacon, with the warning 
that the church was the proper place for him to preach, not 
the camp. Later, it seems, fearing the consequences of further 
refusal, the Gloucester troops yielded and took the binding 
engagement.^ ^- 

Bacon now turned his thoughts, it is said, to an expedition 
against Accomac. But his preparations were never com- 
pleted. For some time he had been ill of dysentery and now 
was "not able to hould out any longer". ^^^ He was cared for 
at the house of a Mr. Pate, in Gloucester county, but his condi- 
tion soon became worse.-^"* His mind, probably wandering in 
delirium, dwelt upon the perils of his situation. Often he 
would enquire if the guard around the house was strong, or 
whether the King's troops had arrived. Death came before 
the end of October.^^^ Bacon's place of burial has never 
been discovered. It is supposed that Lawrence, to save the 
body of his friend from mutilation by the vindictive old Gov- 
ernor, weighted the coffin with stones and sunk it in the deep 
waters of the York.-^^ 

The death of Bacon proved an irreparable loss to the rebels. 
It was impossible for them to find another leader of his un- 
daunted resolution, his executive ability, his power of com- 
mand. No one could replace him in the affections of the 
common people. It would not be correct to attribute the 
failure of the rebellion entirely to the death of this one man, 
yet it undoubtedly hastened the end. Had he continued at 
the head of his faithful army, he might have kept the Gov- 
ernor indefinitely in exile upon the Eastern Shore, or even 
have driven him to take refuge upon the water. In the end 
Bacon would have been conquered, for he could not have held 
out against the English fleet and the English troops. But he 
would have made a desperate and heroic resistance. 

The chief command fell to Lieutenant-General Ingram. 

^P. R. O., COs-1371-401 ; Bac's Pros., p. 27. 
^ Bac's Pros., p. 28. ^' P. R. O., CO5-1371-404. 

"'Bacon's Proceedings places the death of Bacon on Oct. 18; the Com- 
missioners give the date as Oct. 26. 
"-"T. M., p. 24. 



BACON'S REBELLION 185 

The selection seems to have been popular with the soldiers, for 
when it was announced, they "threw up their caps, crying out 
as loud as they could bellow, God save our new Generall".-^' 
Ingram is depicted by some of the chroniclers as a man of low 
birth, a dandy and a fool, but there is reason to believe their 
impeachment too harsh. Although he lacked Bacon's force 
of character and had no executive ability, as a general he 
showed considerable talent, and more than held his own against 
the Governor. 

The mastery of the water was an advantage to Berkeley of 
the very greatest importance. The numerous deep rivers run- 
ning far up into the country made it easy for him to deliver 
swift, telling blows- at any point in the enemy's position. In 
order to guard the James, the York and the Rappahannock it 
became necessary for the rebels to divide their forces into sev- 
eral small bands. On the other hand, the entire strength of 
the loyalists could be concentrated at any time for an unex- 
pected attack. 

Ingram made his chief base at West Point, where the Mat- 
tapony and the Pamunkey unite to form the broad and stately 
York.^^^ Here he could watch both banks of the river, and 
could concentrate his men quickly either upon the Peninsula, 
or in Gloucester or Middlesex. At this place were gathered 
several hundred rebels under Ingram himself. But it was 
deemed wise to leave other detachments at various places lower 
down in the country, to prevent the enemy from landing, and 
to suppress any rising of the people in favor of the Governor. 
At the house of Colonel Bacon, in York county, a force of 
thirty or forty men were posted under the command of Major 
Whaly.^^^ "The next Parcell, considerable, was at Green 
Spring, the Governours howse, into which was put about 100 
men and boys." Their leader, a Colonel Drew, fortified the 
place strongly, barricading all approaches, and planting three 
large guns "to beate of the Assailants". Another small de- 
tachment, under Colonel Hansford, was posted "at the Howse 
where Coll : Reade did once live", the site of famous old 
Yorktown.220 

^' Ing's Pros., p. 32. ^'* Ing's Pros., p. 39. 

-" Ing's Pros., p. 40. ^^ Ing's Pros., p. 39. 



i86 VIRGINIA UNDER THE STUARTS 

This last post, situated near the mouth of the river, was 
especially exposed to attack from the Eastern Shore. A few 
days after the death of Bacon, Major Robert Beverley, with a 
small force, sailed across the bay to effect its capture.^^^ The 
rebels "kep a negligent Gard", and were caught completely by 
surprise. Hansford was taken prisoner, with twenty of his 
men, and brought in triumph to Accomac. 

Here he was at once charged with treason, tried by court 
martial, and condemned to die. He pleaded passionately to 
"be shot like a soldier and not to be hanged like a Dog. But 
it was tould him . . . that he was not condemned as he was 
merely a soldier, but as a Rebell, taken in Arms."-" To the 
last he refused to admit that he was guilty of treason. To the 
crowd that gathered around the scaffold to witness his execu- 
tion he protested ''that he dyed a loyal subject and a lover 
of his country". 

"This business being so well accomplish'd by those who had 
taken Hansford, . . . they had no sooner deliver'd there 
Fraight at Accomack, but they hoyse up there sayles, and back 
againe to Yorke River, where with a Marvellous celerity they 
surprise one Major Cheise-Man, and som others, amongst 
whom one Capt. Wilford, who (it is saide) in the bickering 
lost one of his eyes, which he seemed little concern'd at, as 
knowing that when he came to Accomack, that though he had 
bin Starke blinde, yet the Governour would take care for to 
afford him a guide, that should show him the way to the 
Gallows."--^ 

The Governor was resolved to make the rebel leaders pay 
dearly for the indignities they had put upon him. Those that 
were so luckless as to fall into his hands, were hastened away 
to their execution with but the mockery of a trial. Doubtless 
Berkeley felt himself justified in this severity. To him rebel- 
lion against the King was not merely a crime, it was a hideous 
sacrilege. Those guilty of such an enormity should receive 
no mercy. But this cannot explain or excuse the coarse 

*"The news of Hansford's capture reached Captain Morris near Nanse- 
mond Nov. I2th. 
"^ Ing's Pros., p. 33. =^^ Ing's Pros., p. 35. 



BACON'S REBELLION 187 

brutality and savage joy with which he sent his victims to the 
scaffold. It is impossible not to feel that many of these exe- 
cutions were dictated, not by motives of policy or loyalty, 
but by vindictiveness. 

Nothing can make this more evident that the pathetic story 
of Madam Cheesman. "When ... the Major was brought in 
to the Governor's presence, and by him demanded, what made 
him to ingage in Bacon's designes? Before that the Major 
could frame an Answer . . . his Wife steps in and tould his 
hour: that it was her provocations that made her Husband 
joyne in the Cause that Bacon contended for; ading, that if 
he had not bin influenced by her instigations, he had never 
don that which he had don. Therefore (upon her bended 
knees) she desires of his hour . . . that shee might be hang'd, 
and he pardon'd. Though the Governour did know, that that 
what she had saide, was neare to the truth," he refused her 
request and spurned her with a vile insult. It is with a sense 
of relief that we learn that her husband died in prison and was 
thus saved the ignominy of the gallows.^-* 

Encouraged by his successes, Berkeley now planned a more 
formidable invasion of the Western Shore. Public sentiment, 
he hoped, was beginning to turn in his favor. The death of 
Bacon had deprived the rebellion of all coherency and definite- 
ness of purpose. The country was getting weary of the 
struggle, and was anxious for the reestablishment of law and 
order. In Gloucester and Middlesex especially there were 
many prominent planters that awaited an opportunity to take 
up arms against the rebels. And although the common people 
were indifferent to the Governor's cause, they would be forced 
to enlist under him could he but get a firm foothold in those 
counties.^^^ 

So he sailed into York River with a fleet of four ships and 
several sloops, and a force of one hundred soldiers. ^^^ Land- 
ing a party, under command of Major Robert Beverley, upon 
the north bank, he surprised and captured a number of the 
enemy at the residence of a Mr, Howard. ^-^ He then set up 

^ Ing's Pros., p. 2/^. ^ Ing's Pros., p. 38. 

'^'Ing's Pros., p. 38. "-^' Ing's Pros., p. 38. 



i88 VIRGINIA UNDER THE STUARTS 

his standard at the very house in which Bacon had died, and 
sent out summons to all loyal citizens to come to his support. 
Here there soon "appeared men enough to have beaten all the 
Rebells in the countrey, onely with their Axes and Hoes".--^ 
They were quickly organized into an army and placed under 
the command of Major Lawrence Smith.^-^ Almost simul- 
taneously the people of Middlesex began to take up arms in 
support of the Governor, and for a while it seemed that the 
rebels would be overwhelmed and driven back upon the 
frontiers. 

But Ingram acted with vigor and promptness. He dis- 
patched a body of horse, under Lientenant-General Walkelett, 
to attack and disperse the Middlesex troops belfore their 
numbers become formidable. With the main body of the 
rebels he himself remained at West Point, to watch the move- 
ments of the enemy in Gloucester. When Major Smith heard 
of Walkelett's advance, he at once hastened north to intercept 
him, leaving a garrison at Mr. Pate's house, to guard that 
post and maintain intact his communication with the fleet in 
York River. But he was not quick enough. Before he could 
complete his march, news came to him that Walkelett had 
dispersed the Middlesex troops and was preparing to give 
battle to him.230 

In the meanwhile, Ingram, hearing that Smith had marched 
north, "by the advice of his officers strikes in betweene him and 
his new made Garrisson at M. Pates. He very nimbly invests 
the Howse", and forces its defenders to surrender. Hardly 
had he accomplished this task, "but M. L. Smith, having re- 
tracted his march out of Middlesex . . . was upon the back of 
Ingram before he was aware". This new move placed the 
rebels in no little peril, for the Gloucester forces were between 
them and their base at West Point. Defeat at this juncture 
would have meant utter destruction for Ingram's army. 

As the two bands faced each other, "one Major Bristow 
(on Smith's side) made a Motion to try the equity, and just- 
ness of the quarrill, by single combett . . . proffering him- 

"^Ing's Pros., p. 40. ^'Ing's Pros., p. 40. 

^Ing's Pros., p. 40. 



BACON'S REBELLION 189 

selfe against any one (being a Gent.) on the other side. . . . 
This motion was as redely accepted by Ingram, as proffered 
by Bristow ; Ingram swaring, the newest oath in fashion, that 
he would be the Man; and so advanceth on foot, with sword 
and Pistell, against Bristow ; but was fetched back by his owne 
men", who had no desire to risk their leader in this duel.^^^ 

But the Gloucester troops were not inspired to deeds of 
courage by the intrepidity of their champion. They had no 
desire to encounter the veterans that had defeated the Gov- 
ernor before Jamestown and twice hunted the savages out of 
their hidden lairs. Despite all the efforts of their officers they 
opened negotiations with Ingram and agreed to lay down 
their arms. No less than six hundred men, it is said, thus 
tamely surrendered to the rebels. Major Smith and some of 
his officers, when they found themselves betrayed by their 
men, fled and made good their escape. Other "chiefe men" 
fell into the enemy's hands and were held as prisoners of war. 
Ingram "dismist the rest to their own abodes". -^- 

It was a part of the Governor's plan to secure a foothold 
also upon the right bank of the river and to drive the rebels 
out of York county. With this in view, he sent out one hun- 
dred and twenty men, under Captain Hubert Farrill, to surprise 
and capture the rebels commanded by Major Whaly, at 
Colonel Bacon's house. To advise and assist Farrill, Colonel 
Ludwell and Colonel Bacon himself accompanied the expedi- 
tion. They decided to steal silently up to the place in the 
early hours of the morning before dawn, drive in the sentries 
and "enter pell mell with them into the howse". But their 
plans miscarried woefully. "The Centrey had no sooner made 
the challenge . . . who comes there? , . . but the other 
answer with their Musquits (which seldom speakes the lan- 
guage of friends) and that in so loud a maner, that it alarmed 
those in the howse to a defence, and then to a posture to 
salley out." The attacking party took refuge "behinde som 
out buildings, . . . giving the Bullits leave to grope their 
owne way in the dark". Here they stood their ground for a 
short while and then fled back to their boats. Several were 

^^ Ing's Pros., p. 42. ^ Ing's Pros., p. 42. 



I90 VIRGINIA UNDER THE STUARTS 

taken prisoners, but none were killed save Farrill himself, 
''whose commission was found droping-wett with blood, in his 
pockett".-^^ 

The failure of these operations in the York were partly 
offset by successes in the southern counties. Late in December 
a loyal force, consisting in part of English sailors, landed on 
the right bank of the James and defeated a party of the rebels, 
killing their leader and taking thirteen prisoners. Four days 
later, they captured one of the enemy's forts. Soon large parts 
of Isle of Wight and Surry had been overrun and the people 
reduced to their allegiance. During the first week of Jan- 
uary several hundred rebels gathered upon the upper James 
to retrieve their waning cause, but they seem to have melted 
away without accomplishing anything, and at once all the 
south bank of the river submitted. ^^^ 

Almost simultaneously in all other parts of the colony the 
rebellion collapsed. The defeats of the Governor in Gloucester, 
Middlesex and York had not long postponed the end. The 
failure of the movement was due, not to military successes by 
Berkeley, but to hopeless internal weakness. Since the death 
of Bacon the insurgent leaders had been unable to maintain 
law and order in the colony. Ingram, although he showed 
some ability as a general, proved utterly unfitted to assume 
control of civil affairs. Bacon, when Sir William fled to 
Accomac, had grasped firmly the reins of government, calling 
a part of the Council to his assistance, summoning a new As- 
sembly, and retaining sheriffs and justices in their offices. 
Like Cromwell, he had shown himself not only a soldier, but a 
civil ruler of force and ability. But Ingram could not com- 
mand the respect and obedience of the people. Under him 
the machinery of government seems to have broken down. 
The unhappy colony was given over to disorder and anarchy. 
We are inclined to wonder why Drummond or Lawrence did 
not assume the chief command in the government after Bacon's 
death. Both were men of intelligence and ability, both es- 
teemed by the people, and both devoted heart and soul to the 

'" Ing's Pros., p. 43. 

^^P. R. O., CO5-1371-416; COi-37-52; CO1-39-10. 



BACON'S REBELLION 191 

rebellion. For some reason, neither could take the leadership, 
and affairs fell into hopeless confusion. 

Without a government to supply their needs, or to direct 
their movements, the rebel bands found it necessary to main- 
tain themselves by plundering the estates of the Governor's 
friends. Many wealthy planters paid for their loyalty with 
the loss of their cattle, their sheep, their corn and wheat, and 
often the very furniture of their houses. At times the rebel 
officers could not restrain their rough soldiers from wanton 
waste and destruction. Crops were ruined, fences thrown 
down, houses burned.^^^ Disgusted with this anarchy, and 
seeing that Ingram could not preserve order, many of the 
people began to long for the end of the rebellion. Even the 
misgovernment of Berkeley was better than lawlessness and 
confusion. 

Ingram himself seems to have perceived that the end was at 
hand. Intelligence came to him that some of his own party, 
dissatisfied with his conduct, were awaiting an opportunity to 
deprive him of the chief command. The long expected arri- 
val of the English troops would bring swift and complete 
ruin, for under the present conditions, he could not hope for 
success against them. So he soon became quite willing "to 
dismount from the back of that horse which he wanted skill, 
and strength to Manidge". Could he but secure a pardon 
from the Governor, he would gladly desert the failing cause 
of the people, and return to his allegiance. ^^"^ 

Nor was Sir William less anxious to come to terms with 
Ingram. It had been a bitter humiliation to him to be thrust 
headlong out of his government by the rebellious people. It 
would add to his shame to be restored by English troops. 
Could he but reduce the colony before the arrival of the 
red coats, his position would appear in a much better light, 
both in Virginia and in England. So he sent a Captain 
Grantham to negotiate with Ingram and to offer him immunity 
and pardon in return for prompt submission. The rebel 
leader willingly accepted these terms and returned to his 
allegiance.^^^ 

^P. R. O., COi-40-45. =''Ing's Pros., p. 45- 

=»'Ing's Pros., p. 45; P. R. O., CO5-1371-416. 



192 VIRGINIA UNDER THE STUARTS 

More delicate was the task of inducing the troops at West 
Point to follow the example of their general. It was a ques- 
tion whether Ingram, "or any in the countrye could command 
them to lay down their arms". An attempt to betray them, or 
to wring the sword out their hands by violence would probably 
end in failure. It was thought more prudent to subdue "these 
mad fellows" with "smoothe words", rather than by "rough 
deeds". So Grantham presented himself to them, told of 
Ingram's submission and offered them very liberal terms of 
surrender. They were to be paid for the full time of their 
service since the granting of Bacon's commission; those that 
so desired were to be retained in arms to fight the Indians; 
all servants among them were to secure immediate release from 
their indentures. Deserted by their leader and tempted by 
these fair promises, the men were at last persuaded to yield. 
Grantham embarked them on the fleet and took them down 
to Tindall's Point, there to make their submission and "kiss 
the Governour's hand".^^^ 

Almost at the same time overtures were made by the Gov- 
ernor to General Walkelett. Could this man be induced to 
surrender himself and his troops, the last great obstacle to 
peace would be removed. So anxious was Sir William to 
seduce him from the cause of the rebels, that he offered him 
not only his pardon, but part of the plunder taken by Bacon 
from the Indians. ^^^ Walkelett assented, and agreed to lead 
his troops to Tindall's Point, and "declare for ye King's 
Majesty, the Governour & Country". He was to find there "a 
considerable Company of resolved men", to assist him in case 
his own party offered resistance. ^^^ This arrangement seems 
to have been carried out successfully and Walkelett's entire 
command was taken. -^^ 

The collapse of the rebellion sounded the death knell of 
those "chiefe Incendiaries" Drummond and Lawrence. These 
men had long protested against Berkeley's arbitrary govern- 
ment, and had been largely instrumental in bringing on the 
insurrection. Bacon had considered them his chief advisors 

"^Ing's Pros., p. 46; p. R. O., CO5-1371-416. 

'^'P. R. O., CO1-39-13. =^P. R. O., CO5-1371-S01. 

""P. R. O., CO5-1371-416. 



BACON'S REBELLION i93 

and friends. So deep was the Governor's hatred of them that 
in his recent proclamations he had excepted them from the 
general pardon.-^- 

When Ingram and Walkelett surrendered, these "arch 
rebels" were stationed on the south side of the York River, at 
a place called Brick House. When they heard of Ingram's 
intended desertion, they made desperate but futile efforts to 
prevent his designs. Failing in this, they determined to gather 
around them the remnants of the rebel forces and march 
towards the frontier, in hopes of kindling anew the waning 
spirit of resistance. "They sent downe to Coll : Bacons to 
fetch of the Gard there, under . . . Whaly, to reinforce 
their own strength." Whaly, whose position was more ex- 
posed than their own, promptly obeyed, and succeeded in 
bringing off his force with "the last remains of Coll : Bacon's 
Estate". The rebel leaders now mustered about three hundred 
men, and with these they retreated through New Kent, "think- 
ing (like the snow ball) to increase by their rouleing". "But 
finding that in stead of increasing there number decreast ; and 
that the Moone of there fortune was now past the full, they 
broke up howse-keeping, every one shifting for him selfe."^'*^ 

And now the chief rebels were hunted down like wild beasts 
by the Governor's troops. Thomas Hall, formerly clerk of the 
New Kent county court, Thomas Young, Major Henry Page, 
and a man named Harris were captured and led before Sir 
William. They were all tried by court martial, on shipboard 
off Tindall's Point, convicted of treason, and at once sent to 
their execution. -^'^ 

A few days later Drummond was found, exhausted and half 
starved, hiding in Chickahominy swamp.-^'^ When he was 
brought before the Governor, that resentful old man could not 
restrain his joy. He is said to have "complimented him with 
the ironicall sarcasm of a low bend", declaring that he was 
more welcome than any other man in Virginia, or even his 
own brother.^'**^ The next day Berkeley went to Colonel 
Bray's house and here Drummond was conducted on foot to 

'"P. R. O., COi-39-io; Ing's Pros., p. 47- 

^" Ing's Pros., p. 48. "" Ing's Pros., p. 49. 

^*^ Drummond was captured Jan. 14, 1677. 

="' T. M., p. 22, ; Ing's Pros., p. 49. 



194 VIRGINIA UNDER THE STUARTS 

stand his trial. "In his way thither he complained very much 
that his Irons hurt him, and . . . expressed abundance of 
thankes for being permitted to rest himselfe upon the Roade, 
while he tooke a pipe of Tobacco."-^^ But he refused the offer 
of a horse, saying he would come soon enough to his death on 
foot. 

At his trial he was treated with brutal harshness, his clothes 
stripped from his back and his ring torn from his finger. Al- 
though the rebellion was now over, he was denied jury trial, 
and was condemned by court martial after a hearing of but 
half an hour. Some months later, when this matter came to 
the attention of the English Privy Council, the Lord Chancel- 
lor exclaimed that "he knew not whether it were lawful to 
wish a person alive, otherwise he could wish Sir William Ber- 
keley so, to see what could be answered to such barbarity". -^^ 

Thus ended the rebellion. Apparently it had accomplished 
nothing for the cause of liberty or the relief of the oppressed 
commons. Few of the abuses that had caused the people to 
take arms had been rectified. The taxes were heavier than 
ever, the Governor was more severe and arbitrary. English 
troops were on their way to the colony to enforce submission 
and obedience. Charles II, irritated at the independent spirit 
of the Virginians, was meditating the curtailment of their 
privileges and the suppression of their representative institu- 
tions. Yet this attack of an outraged people upon an arbi- 
trary and corrupt government, was not without its benefits. 
It gave to future Governors a wholesome dread of the com- 
mons, and made them careful not to drive the people again 
into the fury of rebellion. It created a feeling of fellowship 
among the poor planters, a consciousness of like interests that 
tended to mould them into a compact class, ready for con- 
certed action in defense of their rights. It gave birth in the 
breasts of many brave men to the desire to resist by all means 
possible the oppression of the Stuart kings. It stirred the 
people to win, in their legislative halls, victories for the cause 
of liberty, as real as those which Bacon and his followers 
had failed to secure on the field of battle. 

'" Ing's Pros., p. 50. 

"*Burk, Vol. II, p. 266; P. R. O., CO1-41-74, 75; CO389.6. Lawrence 
and Whaly made good their escape into the forest. They probably perished, 
however, from exposure, or at the hands of the Indians. 



CHAPTER V.II 
The Period of Confusion 

When the news reached England that the common people 
of Virginia were in open revolt against their Governor, and 
had driven him from his capital, the King was not a little sur- 
prised and alarmed. The recollection of the civil war in 
England was still fresh enough in his memory to make him 
tremble at the mutterings of rebellion, even though they came 
from across the Atlantic. Moreover, since the customs from 
the Virginia tobacco yielded many thousand pounds annually, 
he could but be concerned for the royal revenue. If the tumults 
in the colony resulted in an appreciable diminution in the 
tobacco crop, the Exchequer would be the chief loser. Nor did 
the King relish the expense of fitting out an army and a fleet 
for the reduction of the insurgents. 

His anxiety was increased by lack of intelligence from the 
colonial government. Several letters telling of Bacon's coer- 
cion of the June Assembly had reached him, but after that 
months passed without word from the Governor or the Coun- 
cil. From private sources, however, came reports of "uproars 
so stupendous" that they could hardly find belief.^ It was 
rumored in England that Sir William had been defeated, 
driven out of the colony, and "forced to lie at sea".^ 

Charles seems to have perceived at once that Berkeley must 
have been responsible for the Rebellion. He probably cared 
very little whether the old Governor oppressed the people or 
not, so long as he kept them quiet, but it was an inexcusable 
blunder for him to drive them into insurrection. Charles 
himself, it is said, had resolved long before, never to resume 
his travels; he now wondered why Sir William had brought 
upon himself this forced journey to Accomac. He decided to 
institute an investigation to find out what the Governor had 

^P. R. O., CO 389.6-177. 'Ibid. 

195 



196 VIRGINIA UNDER THE STUARTS 

been doing so to infuriate the people. A commission, consist- 
ing of Colonel Herbert Jeffreys, Sir John Berry and Colonel 
Francis Moryson, was appointed to go to Virginia to enquire 
into and report all grievances and pressures.^ 

Early in June, 1676, Berkeley had written the King, com- 
plaining that his age and infirmities were such that he could 
no longer perform properly his office in Virginia, and request- 
ing that he be allowed to retire from active service.* The 
Council had protested against this resignation, but Charles 
thought it best to take Sir William at his word and to recall 
him from the government he had not been able to preserve in 
peace and quiet. In honor of his long service, and his well 
known loyalty, he was, however, to retain "the title and dignity 
of Governor".^ He was ordered to return to England "with 
all possible speed", to report upon his administration and to 
give an account of the extraordinary tumults in the colony.^ 
During his absence the duties of his office were to be entrusted 
to Colonel Herbert Jeffreys, who was to bear the title of 
Lieutenant-Governor.'^ He was not, however, to be the deputy 
or assistant of Sir William, and "to all intents and purposes" 
was made Governor-in-chief. Berkeley was to be "no wayes 
accountable", for his actions good or bad.^ 

The King instructed Colonel Jeffreys, before attempting to 
subdue the rebels by force of arms, to exhaust all peaceable 
means of securing their submission. In order to make this 
task more easy, he drew up and had printed a proclamation 
of pardon, which he directed him to publish throughout the 
colony. All, it declared, with the sole exception of Bacon, 
that should surrender themselves, and take the oath of alle- 
giance and supremacy, were to receive free and full forgive- 
ness. Charles felt that most of the colonists were at heart 
still loyal, and would; if their grievances were redressed, be 
glad to accept his royal offer of grace. 

'The commission had consisted at first of Sir John Berry, Colonel 
Francis Moryson and Thomas Fairfax. P. R. O., CO 1-37-53. 
'P. R. O., C03Sg.6-ii3, 174. ^ P. R. O., CO389.6-113. 

"P. R. O., CO389.6-121, 174, 175. 'P. R. O., CO389.6-113. 
^'P. R. O., CO389.6-137, 139, 140, 144; COi-38-7. 



THE PERIOD OF CONFUSION I97 

But he did not rely entirely upon gentle measures, for, after 
all, the stubborn Virginians might distrust his promises and 
reject the pardon. So he resolved to send to the colony a 
strong body of troops to bring them to their senses, if neces- 
sary, at the point of the bayonet. A thousand men, thoroughly 
equipped for active service, were put under the command of 
Colonel Jeffreys and embarked for the colony.^ 

In the meanwhile, Governor Berkeley, having regained his 
authority, was busily engaged in reimbursing himself and his 
friends for their losses in the Rebellion. There can be no 
doubt that many of the loyalists had suffered severely by the 
depredations of the insurgents. ^^ Those that followed the 
Governor into exile upon the Eastern Shore, had been com- 
pelled to leave their estates to the mercy of the enemy. And 
the desperate rebels, especially after death had removed the 
strong arm of Bacon, had subjected many plantations to 
thorough and ruthless pillage. Crops had been destroyed, 
cattle driven off, farm houses burned, servants liberated. Al- 
most every member of the Council had suffered, while Berkeley 
himself claimed to have lost no less than £10,000.^^ 

Thus, it was with a spirit of bitterness and hatred that the 
loyalists, in January and February, returned to their ruined 
homes. Quite naturally, they set up a clamor for compensa- 
tion from the estates of those that had plundered them. Now 
that the King's authority had been restored, and the cause they 
had contended for had triumphed, they demanded that the 
vanquished should be made to disgorge their plunder and pay 
for their wanton destruction. Surely the Governor's followers 
could not be expected to accept readily all these great losses 
as a reward for their loyalty. 

But restoration upon a large scale would almost certainly 
entail injustice, and would fan again the flames of bitterness 
and hatred. It might be possible to restore many articles yet 
remaining in the hands of the rebels, but most of the plundered 
goods had long since been consumed. It was often impossible 
to determine what persons had been guilty of specific acts of 

'P. R. O., CO389.6-116. "P. R. O., CO5-1371-149, 154. 

"P. R. O., CO1-40-110; CO5-1371-27, 33, 62, 63, 64. 



198 VIRGINIA UNDER THE STUARTS 

pillage, while many of the most active rebels were very 
poor men, from whom no adequate compensation could be 
obtained. 

There ensued an undignified and pernicious scramble by the 
loyalists to seize for their own use the property of the few 
well-to-do insurgents. On all sides confiscation, unauthorized 
seizures, and violence marked the collapse of the Rebellion. 
In these proceedings Sir William took the lead. His servants 
went out, under pretence of searching for his stolen property, 
to take for his use the sheep, the cattle, and other goods of the 
neighboring rebels.^- He showed, it was declared, "a greedy 
determination thoroughly to heale himself e before hee car'd 
to staunch the bleeding gashes of the woefully lacerated 
country. . . . Making and treating men as delinquents, before 
any due conviction or attainder, by seizing their estates, cattle, 
servants and carrying off their tobacco, marking hogsheads 
and calling this securing it to the King's service. "^^ 

Even more unjustifiable was the conduct of Sir William in 
resorting to arbitrary compositions with his prisoners to fill 
his exhausted purse.^"* Men were arrested, thrown into jail, 
terrified with threats of hanging, and released only upon re- 
signing to the Governor most or all of their estates. ^^ One 
James Barrow was locked up at Green Spring and refused 
pemiission to plead his case before the Governor. He was 
told that his release could be secured only upon the payment 
of a ruinous composition. "By reason," he said, "of the 
extremity of Cold, hunger, lothsomnesse of Vermin, and other 
sad occasions, I was forct to comply."^^ Edward Loyd was 
held for twenty-one days, while his plantation was invaded, 
and his wife so frightened that she fell into labor and died. 

It was proposed by the loyalists to share among themselves 
the estates of all that had been executed for treason, had died 
in arms against the King, or had fled from the colony to 
escape the Governor's vengeance. ^^ It did not matter to them 
that the wretched widows and orphans of these men would be 

"P. R. O., COi-39-ii, 17; CO5-1371-68, 69, 62, 63, 64, 78, 79, 81, 82, 132. 
^"P. R. O., CO5-1371-152. "P. R. O., CO5-1371-132. 

^"001-40-1 to 37; COii -40-43; COs-1371-81, 82. 
"P. R. O., COi-40-23. "P. R. O., COs-1371-27, 33. 



THE PERIOD OF CONFUSION 199 

left destitute. Nor did they stop to consider that these estates, 
if forfeited at all, could not be seized legally for private use, 
but snould revert to the Crown. They thought only of repair- 
ing their own ruined fortunes. ^^ 

In the midst of this confusion and lawlessness Berry and 
Moryson, with a part of the fleet and seventy of the English 
soldiers, arrived in the James River. ^'^ They had left Ports- 
mouth November the nineteenth, but it was January the 
twenty-ninth before they reached Virginia.^'' Without waiting 
for Jeffreys and the main body of the fleet, they notified the 
Governor of their arrival and requested an immediate confer- 
ence. Berkeley came aboard their flag-ship, the Bristol, Febru- 
ary the first, where he was notified of their mission and 
intrusted with official letters.-^ He poured into the ears of the 
commissioners the recital of the exciting events of the past 
months — the destruction of Jamestown, Bacon's death, the 
surrender of Ingram and Walkelett, the execution of the 
leading rebels, the return of "the poore Scattered Loyal party 
to their ruined homes".-- Although peace had been restored 
not three weeks before, he pretended astonishment that the 
King had thought it necessary to send soldiers to his aid. 

Nor could he conceal his irritation at the mission of Berry 
and Moryson. That Charles should think it necessary to make 
an investigation of affairs in Virginia betokened a lack of 
confidence in the Governor. Berkeley's friends claimed, no 
doubt truly, that he was the author of every measure of im- 
portance adopted by the government of Virginia. An inquiry 
into conditions in the colony could but be an inquiry into his 
conduct. And the Governor, perhaps, knew himself to be 
guilty of much that he did not wish to have exposed before his 
royal master. 

Moreover, Berkeley was not in the humor to brook inter- 
ference at this juncture. He was inexorably resolved that 
the chief rebels should be brought to the gallows and that his 
own followers should be rewarded for their faithfulness. If 

^'P. R. O., COi-39-38. "P. R. O., CO5-1371-17, 20. 

"" Ibid. " P. R. O., COs-1371-27, 33. 

=== Ibid. 



200 VIRGINIA UNDER THE STUARTS 

the commissioners intended to block these measures, or protest 
against his actions when in violation of law, they might expect 
his bitter hostility. 

Before the commissioners had been in Virginia two weeks 
their relations with the Governor became strained. The dis- 
posing of the "delinquents Estates", they announced, must be 
referred to the King. Loyal sufferers should not secure resti- 
tution except by due process of law. Seizures of tobacco and 
other goods must stop. Soon the meetings in the cabin of 
the Bristol became so stormy that the commissioners decided 
to hold all future communication with Sir William in writing. 
This they thought necessary because his "defect of hearing" 
not only made privacy impossible, but looked "angrily, by loud 
and fierce speaking". ^^ 

A few days later Colonel Jeffreys arrived with the remainder 
of the fleet. He and his fellow commissioners found the 
whole country so ruined and desolate that they experienced 
considerable difficulty in securing a pface of residence.-^ As 
the Governor disobeyed flatly the King's commands to entertain 
them at Green Spring,-^ they were compelled to accept the 
hospitality of Colonel Thomas Swann and make their home 
at his seat on the James River.''' On the twelfth of Februaiy, 
Jeft'reys, Berry and Moryson went to Green Spring, where they 
held a long conference with Berkeley and the Council.-^ 
Jeffreys produced his commission, and read the clauses which 
instructed Berkeley to return immediately to England, and to 
resign the government into his hands. ^^ 

It is easy to imagine with what anger Berkeley and his 
Council received this command. If Sir William must embark 
for England and give up his'government to this stranger, they 
would be foiled in their revenge in the very moment of tri- 
umph. Jeffreys would probably put an end to the wholesale 
plundering of the rebels : the illegal distribution of confiscated 
estates, the seizure of goods, the unjust compositions. It 
was true that Sir William had written the King in June asking 

=* P. R. O., CO5-1371-5S, 60. ^ P. R. O, COs-1371-90, 94- 

=» P. R. O., CO391.2-173, 178. '" P. R. O., COs-1371-90, 94. 

■' P. R. O., COs-1371-83, 85, 90, 94- "' P- R. O., CO2S9.6-121. 



THE PERIOD OF CONFUSION 201 

his recall, but many things had happened in Virginia since 
he penned that letter. He was passionately opposed to leaving 
his government at this juncture. 

And the old man's quick wit found an excuse for remaining 
in Virginia. The word "conveniency" in his orders gave him 
a loophole.-^ It was evident to all that the King wished 
him to return without delay, but Berkeley pretended to believe 
that this word had been inserted in order to permit him to use 
his own convenience in selecting the date of departure. The 
question was put to the Council and this body gave a ready 
and joyous support to the Governor's interpretation. Jeffreys 
and the commissioners begged them to consider that the word 
referred not to Sir William's "conveniency", but to that 
of the King's service, yet they would not heed them.^*^ So 
Jeffreys went back to Swann's Point in discomfiture and the 
old Governor remained in Virginia for three months more to 
carry to completion his plans of restitution and revenge.^^ 
That he should have dared thus to trifle with his royal master's 
commands, which all his life he had considered sacred, reveals 
to us vividly his furious temper at this juncture. The humilia- 
tion and indignities he had experienced during the Rebellion 
had deprived him of all prudence. 

Had Colonel Jeffreys been a man of force he would not have 
submitted to this juggling with the King's commands. With a 
thousand British troops at his back, he could easily have 
arrested Sir William and forced him to take ship for England. 
Although this would have been harsh treatment for one that 
had so long served the King, it was fully justified by the Gov- 
ernor's flagrant disobedience. And it would have relieved 
the colony of the presence of a man whose inhuman cruelty 
had rendered him odious to the people. But Jeffreys knew that 
the Governor's brother, Lord John Berkeley, was high in the 
King's favor, and might take revenge should he resort to 
violent measures. So he contented himself with writing home 
his complaints, and sat quietly by, while Berkeley carried to 
completion his principal designs. 

^P. R. O., CO5-1371-50, 83. ^P. R. O., CO5-1371-93, 94. 

"P. R. O., CO I -40-88. 



202 VIRGINIA UNDER THE STUARTS 

The Governor was deeply displeased with the King's procla- 
mation of pardon. Should he publish it at once, as he was 
ordered to do, it would greatly hinder him in his work of 
revenge and render more difficult his illegal seizures and con- 
fiscations. Since the pardon excepted only Bacon, under its 
temis such notorious rebels as Robert Jones, or Whaly, or 
even Lawrence, might come in out of the wilderness and de- 
mand immunity. This Berkeley was determined should not be. 
He thought at first of suppressing the pardon entirely, and of 
setting out one of his own based upon it, excepting the most 
notorious rebels.^- The commissioners urged him to publish 
the papers unchanged, as the King would undoubtedly resent 
any attempt to frustrate his intentions. ^^ And they insisted 
that there should be no delay. "Observing the generality of 
the people to look very amazedly one upon another", at the 
arrival of the English soldiers, as though dreading a terrible 
revenge by the King, they thought it highly desirable to 
"put them out of their paine".^'* It was, they declared, by no 
means unlikely that a new rebellion would break out, for the 
people were still deeply dissatisfied and "murmured extremely". 

After several days of hesitation, Berkeley decided to issue 
the King's proclamation unchanged. Accordingly, on the 
tenth of February, to the great relief of "the trembling 
people", the printed copies brought over by the commissioners 
were made public.^^ But with them the Governor published a 
proclamation of his own, which limited and modified that of 
his Majesty.^^ Gyles Bland, Thomas Goodrich, Anthony 
Arnold, and all other rebels then in prison were to be denied 
the benefit of the pardon. The King's mercy was not to ex- 
tend to Lawrence and Whaly ; or to John Sturdivant, Thomas 
Blayton, Robert Jones, John Jennings, Robert Holden, John 
Phelps, Thomas Mathews,^''' Robert Spring, Stephen Earleton 
and Peter Adams; or "to John West and John Turner, who 
being legally condemned for rebellion made their escapes by 

"P. R. O., COi-39-24. "P. R. O., COs-1371-32. 

"P. R. O., CO5-1371-5S, 60. ='=P. R. O., COs-1371-32, 38. 

■"■ P. R. O., CO5-1371-276, 286. 

^'This Thomas Mathews was probably the author of the T. M. account 
of Bacon's Rebellion. 



THE PERIOD OF CONFUSION 203 

breaking prison"; or to Sara Grindon, "who by her lying and 
scandalous Reports was the first great encourager and Setter 
on of the ignorant" people; or even to Colonel Thomas 
Swann, Colonel Thomas Beale or Thomas Bowler, former 
members of the Council.^^ The commissioners thought it 
highly presumptuous in Berkeley thus to frustrate the King's 
wishes, and they were careful to let his Majesty know the Gov- 
ernor's disobedience, but the Council of Virginia endorsed all 
his actions and the people dared not disobey. 

And so the trials and executions of the wretched rebels 
continued. As a result, no doubt, of the protests of the com- 
missioners, the proceedings of the court martial were closed, 
and the accused were now examined before the court of oyer 
and terminer.^^ Gyles Bland, who for some months had been 
a prisoner aboard the Adam and Eve, was now made to answer 
for his participation in the Rebellion.^" He possessed many 
powerful friends in England, but their influence could not 
save him. It was rumored that the Duke of York had blocked 
all efforts in his behalf, vowing "by God Bacon and Bland 
shoud dye".^^ Accordingly, on the eighth of March, he was 
condemned, and seven days later was executed.^^ Other 
trials followed. In quick succession Robert Stoakes, John 
Isles, Richard Pomfoy, John Whitson and William Scar- 
burgh were sent to the scaffold. ^^ Some of the Governor's 
friends expressed fear that the rabble might attempt to rescue 
these men, and "Counsell'd the not sending them to dye with- 
out a strong Guard", but the people dared not rise in their 
behalf.^^ 

Robert Jones was condemned, but was saved from the gal- 
lows by the intercession of Colonel Moryson. Jones had fought 
with Charles I in the English civil wars, and now exhibited 
the wounds received in the service of the father as a plea for 
pardon for his rebellion against the son. Moryson was moved 

=* P. R. O., CO2-39-31 ; COs-1371-276. 286. 

"^P. R. O., COs-1371-125, 127. ■"•p. R. O., COi-39-38; CO1-41-79. 

"T. M., p. 24. 

"P. R. O., COi-39-35; Hen., Vol. II, p. 550. 

^-P. R. O., COi-39-35; Hen., Vol. II, p. 553- 

**P. R. O., COs-1371-152. 



204 VIRGINIA UNDER THE STUARTS 

to pity at the plight of the old veteran and wrote to Madam 
Berkeley requesting her to intercede for him with the Gover- 
nor.^^ "If I am at all acquainted with my heart," wrote the 
Lady in reply, "I should with more easinesse of mind have 
worne the Canvas Lynnen the Rebells said they would make 
me be glad off, than have had this fatal occasion of interceding 
for mercy. "*^ None the less Berkeley consented to reprieve 
Jones, and many months later the King pardoned him.^^ 

Anthony Arnold, who had been one of the most active 
of the rebel leaders, boldly defended the right of peoples to 
resist the oppressions of their rulers. He declared that kings 
"had no rights but what they gott by Conquest and the Sword, 
and he that could by force of the Sword deprive them thereof, 
had as good and just a Title to it as the King himself e. . . . 
If the King should deny to doe him right he would make noe 
more to sheathe his sword in his heart or Bowells then of his 
own mortall Enemyes."^^ For these and other treasonable 
words this "horrible resolved Rebell and Traytor" was con- 
demned to be "hang'd in Chaines in his own County, to bee 
a more remarkable Example than the rest".^^ 

The Governor, even now, showed no inclination to put an 
end to the trials and executions. No sooner would the courts 
empty the jails of prisoners than he would fill them up again. 
The unhappy rebels, finding that the King's pardon gave them 
little protection, and that Berkeley excepted from it whom he 
wished, could not know where next the axe would fall.^^ 
None can say how far Sir William would have carried his 
revenge had not the Assembly requested him "to hold his hand 
from all other Sanguinary punishment".^ ^ This brought him 
to his senses and he consen4:ed, though with extreme reluc- 
tance, to dismiss his witnesses and juries, and put an end to the 
executions. And even then "he found out a new way" to 
punish his victims, "flfyning some of their Treasons and Re- 
bellions and condemning others to banishment to England". ^^ 

**?. R. O., CO5-1371-178, 179- '"P. R. O, CO5-1371-180, 181. 

" P. R. O., COi-45-3. '" P. R. O., CO5-1371-152. 

*»P. R. O., CO5-1371-IS2; Hen, Vol. II, p. 550. 
"P. R. O., CO5-1371-32, 152. "P. R. O., COS-1371-1S2. 

"'P. R. O., 005-1371-152. 



THE PERIOD OF CONFUSION 205 

The Governor's extreme severity and the insatiable greed 
of the loyal party brought the colony to the verge of another 
rebellion. The people were deeply angered. Had there ap- 
peared any person to lead them, "bould and courageous . . . 
that durst venture his neck", the commons were ready "to 
Emmire themselves as deepe in Rebellion as ever they did in 
Bacon's time".^^ For many months it was feared that Law- 
rence, "that Stubborn desperate and resolved Rebell", would 
emerge from seclusion to put himself at the head of a new 
swami of mutineers.^ ^ Were he to appear at this juncture, not 
even the presence of the English troops could prevent Bacon's 
veterans from flocking to his standard. "Soe sullen and 
obstinate" were the people that it was feared they would 
"abandon their Plantacons, putt off their Servants & dispose 
of their Stock and away to other parts". Had England at 
this juncture become involved in a foreign war, the Virginians 
would undoubtedly have sought aid from the enemies of the 
mother country.^^ 

Nor could the people expect relief or justice from the 
General Assembly which met at Green Spring, February the 
twentieth, 1677.^® The elections had been held soon after 
the final collapse of the Rebellion, amid the general terror 
inspired by the numerous executions, and had resulted in an 
overwhelming victory for the loyalists. In many counties, 
staunch friends of the Governor had been put in nomination, 
and the commons given an opportunity of showing the sincer- 
ity of their repentance by electing them to the Assembly. Wil- 
liam Sherwood declared that most of the Burgesses were 
Berkeley's "owne Creatures & choase by his appointments 
before the arrivall of the Commissioners".^''^ In several places 
fraud as well as intimidation seems to have been used to secure! 
the election of loyalists. The commons of Charles City com- 
plained that there had been illeg-al voting in their county and 
seventy of them signed a petition, demanding a new election, 
which they posted upon the court house door.^^ That the 

■''P. R. O., COi-40-88. "P. R. O., COs-1371-132. 

■'^P. R. O., COs-1371-32. '"P. R. O., COi-39-35. 

"P. R. O., COi-40-43. ''P. R. O., COi-40-73, 106. 



2o6 VIRGINIA UNDER THE STUARTS 

Assembly was in no sense representative of the people seems 
to have been recognized even in England, for some of the 
King's ministers declared that it had been "called w^hen ye 
Country was yet remaining under great distractions, and un- 
capable of making their Elections after ye usual manner".^^ 

Certain it is, that the House of Burgesses as well as the 
Council, was filled with ardent loyalists and friends of the 
Governor. They passed several acts confirming all Berkeley's 
recent measures, and inflicting further punishment upon the 
luckless rebels. ^^ Some that had escaped the gallows were 
forced to pay heavy fines, others were banished. *^^ Many were 
compelled to make humble submission, with ropes around their 
necks, upon their knees before the Governor or the county 
magistrates. Large sums of money were voted to reward the 
most active of Berkeley's supporters. All that had held 
command among the rebels, even Ingram and Walkelett, were 
made forever "incapable of any office civil or military in Vir- 
ginia". To speak ill of the Governor and Council or of the 
justices of the peace, was declared a high crime, punishable by 
whipping. If the people, to the number of six, assembled in 
arms, they were to be considered mutineers and rebels. And 
the Burgesses showed great reluctance to reduce their own 
salaries, which the people considered so excessive. The Gov- 
ernor feared to insist upon it, "least perhaps he might thereby 
disoblige and thwart his own ends and interest in the Assem- 
bly", and only the positive commands of the King, delivered to 
them by the commissioners, could induce them to make any 
reduction at all.*'- 

They passed resolutions praising the wisdom, the bravery, 
the justice and integrity of the Governor, and exonerating 
him for all blame for the outbreak of the Rebellion.*'^ "The 
distempered humor predominant in the Common people", which 
had occasioned the insurrection, they declared the result of 
false rumors "inspired by ill affected persons, provoking an 
itching desire in them to pry into the secrets of the grand 

'"P. R. O, CO1-40-114. "^P. R. O., COi-39-35. 

"P. R. O., CO I -30-35. 

"P. R. O., CO5-1371-168 to 175; COi-39-35. 

'^P. R. O., CO I -39-38. 



THE PERIOD OF CONFUSION 207 

assembly".*''* They snubbed the King's commissioners, reply- 
ing to their request for assistance in discovering the common 
grievances that the Assembly alone was the proper body to 
correct the people's wrongs.®" Yet when the commons did 
come to the Burgesses with their complaints they were repulsed 
with harsh reproofs and even severe punishment. Certain 
grievances from Isle of Wight county were denounced as 
"libellous, Scandalous and rebellious" and "the chiefe per- 
sons in the Subscriptions" were to be punished "to the merits 
of their Crymes".^® A petition from Gloucester county was 
declared to savor so strongly of the "old leaven of rebellion" 
that it must be expunged from the records. When the people 
of Nansemond appealed for a more just method of taxation, 
they were answered briefly, "It is conceived the pole is the 
equallest way."''^ 

One is inclined to wonder why the people, thus finding the 
Assembly but an instrument of oppression in the Governor's 
hands, did not turn eagerly for support and relief to the King's 
commissioners. These men had invited them to bring in all 
their pressures, without restraint or fear of punishment. His 
Majesty, they announced, was anxious to know what had 
caused them to rise against his authority. All just complaints 
would be carefully considered and all grievances redressed.®* 
But dread of Sir William's anger held the people back. Their 
chief grievance was the old Governor himself, but there were 
few that dared say so, even with the promise of the King's 
protection. The commissioners wrote Secretary Coventry that 
until "the awe of his stay" was removed, they could "never 
thoroughly search and penetrate into the bottome of the Busi- 
nesse".®^ Berkeley, they said, continually impeded their in- 
vestigations and prevented the people from testifying. It 
might be necessary for Colonel Jeffreys to send him home, 
before the mists he cast before them could be dispelled.'''" 
When he was gone, a short time would show boldly those 
things that as yet only cautiously peeped forth.'^^ 

"P. R. O., COi-39-38. ''P. R. O., COi-39-39. 

^^P. R. O., COi-39-38. *'P. R. O., COi-39-38. 

^'P. R. O., CO5-1371-39 to 44. '"P. R. O., CO5-1371-132. 

'"P. R. O., COs-1371-182, 187. "P. R. O., CO5-1371-193 to 198. 



2o8 VIRGINIA UNDER THE STUARTS 

The violent opposition which the commissioners encountered 
from the Governor and the loyaHsts soon forced them to be- 
come the leaders of the defeated party. The poor people looked 
forward with hope to the day when Sir William would leave 
and Colonel Jeffreys assume control of the executive. Then, 
they were sure, the persecutions would end and justice be 
done them. 

The hatred and contempt of the Governor's friends for 
Colonel Jeffreys and his colleagues is shown by an interesting 
and unique incident. Having heard that Sir William was at 
last preparing to sail for England, they went to Green Spring, 
on the twenty-second of April, to bid him farewell. ^^ This 
they thought due his dignity and rank, even though their re- 
lations with him had been far from cordial.'''^ As they left 
the house, after paying their respects to the Governor and his 
lady, they found Sir William's coach waiting at the door to con- 
vey them to their landing. '^^ But before they rode away a 
strange man came forward, boldly putting aside the "Postillion 
that used to Ryde" and got up himself in his place. The Gov- 
ernor, several Councillors, and others saw what occurred, but 
did not offer to interfere. Lady Berkeley went "into her 
Chamber, and peep'd through a broken quarrell of the Glass, 
to observe how the Show look'd".'^'^ After reaching their boat, 
the commissioners found to their horror that the strange 
postilion was none other than the "Common Hangman 
that . . . put the Halters about the Prisoner's Necks in Court 
when they were to make their submission". This seemed 
to them so gross an insult, not only to the "Great Seal", but 
to their "persons as Gentlemen", that they were resolved to 
make his Majesty himself acquainted with it.'''^ "The whole 
country rings of . . .. the public Odium and disgrace cast 
upon us," they said, "as the Exchange itselfe shortly may."^'^ 

It is probable that Lady Berkeley alone was responsible for 
this incident, which, as the commissioners themselves said, 
looked "more like a woman's than a man's malice". '^^ The 

"P. R. O., COs-1371-208 to 21T. "P. R. O., CO5-1371-212, 213. 

" P. R. O., COs-1371-220, 231. '' P. R. O., CO5-1371-220, 231. 

"P. R. O., CO5-1371-212, 213. "P. R. O., CO5-1371-220, 231. 
"P. R. O., CO5-1371-220, 231. 



THE PERIOD OF CONFUSION 209 

Governor denied with passionate vehemence that he was in 
any way guilty. "I have sent the Negro'''^ to be Rebuked, 
Tortur'd or whipt, till he confesse how this dire misfortune 
happen'd," he wrote the commissioners, "but I am soe dis- 
tracted that I scarce know what I doe."^*^ 

Even before Berkeley left the colony Colonel Jeffreys 
issued a proclamation, formally taking possession of the gov- 
ernment.^^ For some time it had been apparent that the 
Lieutenant-Governor's long delay in entering upon his duties 
was greatly weakening him in the estimation of the people. 
Since he had been forced to sit idly by for several months while 
Sir William carried to completion matters of the utmost impor- 
tance, and had not dared to take his office so long as it pleased 
the old man to linger in the colony, many thought, quite natur- 
ally, that he could not have been entrusted with full authority 
to act as Governor. And this opinion had been industriously 
furthered by the loyal party. The departure of Sir William, 
they declared, did not mean a permanent change of adminis- 
tration. Jeffreys was to act only as his deputy during his 
absence and would retire upon his return.^^ Feeling that these 
views, if universally accepted, would undermine his influence 
and authority, Jeffreys entered a vigorous denial in his pro- 
clamation. He had been appointed, he declared, to exercise 
the power of Governor, as fully as Berkeley or any of his pre- 
decessors had done. No man should dare to belittle his office 
or authorit}^ Berkeley was going home at his own request be- 
cause his great age and infirmities rendered him unfit to sustain 
further the burdens of his position. The new executive had 
refrained from assuming his duties earlier, "because an As- 
sembly being . . . ready to convene, the issueing forth a new 
Summons . . . must needs have greatly retarded the pub- 
lique Weale".^^ Nor did he scruple to claim the full title of 
"Governour and Captain Generall of Virginia". 

This proclamation aroused Berkeley's deepest ire. "Your 
ejecting me," he wrote Jeffreys, "from having any share in 

"Probably the real postilion. ** P. R. O., CO5-1371-214 to 217. 

"This proclamation was issued April 27, 1677. P. R. O., COi-40-53. 
*^P. R. O., CO1-41-121; COi-42-23. ''P. R. O., COi-40-53. 



210 VIRGINIA UNDER THE STUARTS 

the Government whilst yet I am in the Countrey ... I be- 
leeve can neither be justified by your Comision nor mine." 
"You say that his Majesty out of the knowledge of my inability 
to govern did surrogate so able a man as Coll : Jeffreys to 
supply my defects. I wish from my heart Coll : Jeffreys were 
as well known to the King and Counsel as Sir William Berkeley 
is, for then the difference would be quickly decided." The 
letter was addressed to the "Right honorable Coll : Herbert 
Jeffreys, his Majesty's Lieutenant Governor of Virginia", and 
was signed "William Berkeley, Governor of Virginia till his 
most Sacred Majesty shall please to determine otherwise".*^ 

In the meanwhile the letters of the commissioners, reporting 
Berkeley's disobedience to the King's commands, had arrived 
in England. Charles was angered, not only at his delay in 
surrendering the government, but also at his presumption in 
disregarding the royal proclamation of pardon. "You may 
well think," he wrote Berkeley, "we are not a little surprised 
to understand that you make difficulty to yield obedience to our 
commands, being so clear and plain that we thought no man 
could have raised any dispute about them. Therefore ... we 
do . . . command you forthwith . . . without further delay 
or excuse (to) repair unto our Presence as We formerly 
required you."^^ 

Secretary Coventry wrote even more severely. We under- 
stand, he said, that to the King's clear and positive orders for 
you to resign the government to Colonel Jeffreys, "upon certain 
pretences which are no wayes understood here, you have de- 
layed at least if not refused obedience. . . . His Majesty . . . 
seemeth not a little surprised as well as troubled to find a 
person that had for so many, years served his Royal Father 
and himself through ye worst of times with so unshaken a 
loyalty, and so absolute obedience and resignation, should now 
at one time fall into two such great errors as to affront his 
Proclamation by putting out one of his owne at ye same time 
with his, and in that to exempt several persons from pardon, 
which were by the King's owne Proclamation made capable 

"P. R. O., CO 1-40-54. 

"This letter was written May 13, 1677. 



THE PERIOD OF CONFUSION 211 

of Pardon; then after positive orders given for your immediate 
return . . . you yet stay there . . . and continually dispute 
with his Majesty's commissioners. I will assure you, Sir, his 
Majesty is very sensible of these miscarriages, and hath very 
little hopes that ye people of Virginia shall be brought to a 
right sense of their duty to obey their Governours when the 
Governours themselves will not obey the King. I pray you. 
Sir, . . . take not councell from your owne nor any other 
body's passion or resentment, to take upon you to judge either 
conveniency or not conveniency of the King's orders, but obey 
them, and come over ; and whatever you have to say . . . you 
will be heard at large."^*^ 

Even before these letters were written Sir William had left 
the colony. He had embarked for England, May the fifth, 
in Captain Larrimore's sturdy ship which had stood him in 
such good stead in the hour of need.^'^ But the old man, worn 
out by his violent passions and unusual exertions, was phys- 
ically unfit for the long voyage across the Atlantic. He became 
very ill on shipboard, and reached England a dying man. 
"He came here alive," wrote Secretary Coventry, "but so 
unlike to live that it had been very inhumane to have troubled 
him with any interrogacons."^^ The news of the King's dis- 
pleasure at his conduct added much to his suffering. He 
pleaded for an opportunity "to clear his Innocency" even 
though the "tedious passage & griefe of mind" had reduced 
him "to extreame weaknesse".^^ That Charles did not refuse 
him this privilege is attested by a letter written to Berkeley by 
Secretary Coventry. "I am commanded by his Majesty," he 
said, "to let you know that his Majesty would speake with you 
as soone as you can, because there are some ships now going 
to Virginia, and his Majesty would see what further Instruc- 
tions may be necessary to be sent by them."^° But Berkeley 
could not attend the King, either to give information or to plead 
his own cause. His condition rapidly became critical, and a 
few days later he died.^^ 

" P. R. O., CO389.6-195 to 198. " P. R. O., CO 1-40-88. 

•*P. R. O., CO389.6. '""P. R. O., CO1-40-110. 

** P. R. O., CO389.6-207. '^ P. R. O., CO389.6-210. 



212 VIRGINIA UNDER THE STUARTS 

Hardly had Sir William breathed his last than Thomas 
Lord Culpeper "kissed the King's hand as Governour".^- 
This nobleman had received a commission, July 8, 1675, which 
was to take effect immediately upon the death, surrender or 
forfeiture of the office by Berkeley.^^ It had never been 
Charles' intention that Colonel Jeffreys should remain per- 
manently at the head of the government of Virginia, and he 
now notified him to prepare to surrender his office to the new 
Governor. ''■^ The King, who felt that the unsettled condition 
of Virginia required Culpeper's immediate presence, ordered 
him to depart "with all speed", and told the colonists they 
might expect him by Christmas "without fayle".^^ But this 
pampered lord, accustomed to the luxury of the court, had no 
desire to be exiled in the wilderness of the New World. By 
various excuses he succeeded in postponing his departure for 
over two years, and it was not until the spring of 1680 that 
he landed in Virginia.^*^ Thus, for a while, Colonel Jeffreys 
was left as the chief executive of the colony. 

In the meanwhile the commissioners, freed from the baleful 
presence of the old Governor, were continuing their investiga- 
tion into the causes of the Rebellion. Berkeley had advised 
them, when they first announced their mission, to carry out 
their work through the county courts.®^ But they had re- 
fused to accept this plan. The justices were almost all hench- 
men of Sir William, many were hated by the people and 
some were the objects of their chief accusations. Had 
the investigation been intrusted to their hands, they would 
most certainly have suppressed the principal complaints.®^ 
The commissioners, therefore, appointed especial officers in the 
counties to hear the people's grievances, draw them up in writ- 
ing and bring them in for presentation to the King.®^ Even 

" P. R. O., CO389.6-212. 

"^P. R. O., CO5-13S5-299; CO389.6-271 to 273. 

"' P. R. O, CO389.6-210, 215. "' P. R. O., CO389.6-210. 

"' P. R. O., COs-1355-377. " P. R. O., CO5-1371-45. 

** Nothing can show this more clearly than the reception in the Assembly, 
which was largely composed of justices of the peace, of the county 
grievances. 

""P. R. O., CO391. 2-180. 



THE PERIOD OF CONFUSION 213 

then the loyal party attempted, by intimidation, to prevent the 
commons from explaining without reserve what had caused 
them to take up amis against the government. Sir William, 
they were careful to report, would most certainly return, and 
any that dared charge him or his friends with corruption might 
expect the severest punishment. ^^^^ But the announcement by 
the commissioners that his Majesty himself had promised his 
protection to all informants relieved the fears of the people 
and many came forward with the story of their wrongs. ^*^^ 
These seem to have been faithfully drawn up by the officers 
and in time presented to the King. 

The loyal party complained loudly that the commissioners 
used in this matter none but the enemies of the Governor.^"^ 
Lord John Berkeley declared that they had sought information 
from such only as were known "to be notorious actors in the 
rebellion". ^^^ But the commissioners were undoubtedly right 
in insisting that all grievances should come from those that 
had been aggrieved. They themselves, they declared, were not 
responsible for the truth of the charges; their function was 
only to receive and report them. The King had sent them to 
Virginia to make the royal ear accessible to the humblest 
citizen. This could be done only by brushing aside the usual 
channels of information and going directly to the commons 
themselves. That some of the accusations were exaggerated 
or even entirely false seems not improbable ; many were un- 
doubtedly true. Posterity must accept them, not as the rela- 
tion of established truth, but as the charges of a defeated and 
exasperated party. 

In their work of investigation the commissioners found 
that they had need of the records of the House of Burgesses. 
In April, 1677, after the adjournment of the session at Green 
Spring, they came to Major Robert Beverley, the clerk of the 
Assembly, and demanded "all the Original! Journals, Orders, 
Acts", etc., then in his custody. ^*^'* Beverley required them to 
show their authority, and this they did, by giving him a sight 

^""P. R. O., CO5-1371-132. '"P. R. O.. CO5-1371-132. 

'""P. R. O., CO391.2-180; Burk, Vol. II, pp. 259, 260. 
'""P. R. O., CO391.2-173 to 178; Burk, Vol. II, p. 260. 
"*P. R. O., CO1-41-87. 



214 VIRGINIA UNDER THE STUARTS 

of that part of their commission which concerned his dehvery 
of the records. ■^'^'' He then offered to allow them to examine 
any of the papers necessary to the investigation, but he refused 
absolutely to relinquish their custody. ^"^ The commissioners, 
who distrusted Beverley and perhaps feared that he might 
conceal the records, "took them from him by violence". ^*^^ 

When the Assembly met in October, 1677, the House of 
Burgesses sent a vigorous protest to Colonel Jeft'reys against 
these proceedings of the commissioners. Their action, they 
declared, "we take to be a great violation of our privileges'". 
The power to command the records which the commissioners 
claim to have received from the King, "this House humbly 
suppose His Majesty would not grant or Comand, for that 
they find not the same to have been practiced by any of the 
Kings of England in the likewise. . . . The House do hum- 
bly pray your Honour . . . will please to give the House 
such satisfaction, that they may be assured no such violation 
of their privileges shall be offered for the future."^^^ 

When Charles H heard of this bold protest he was sur- 
prised and angered. It seemed to him a "great presumption 
of ye said Assembly ... to call in Question" his authority. ^*'^ 
Referring their representation to the Lords of Trade and 
Plantations, he directed them "to examine ye same, & to 
Report" what they thought "fitt to be done in Vindication 
of . . . (the) Roy all Authority, & for bringing the said As- 
sembly to a due sence & acknowledgement of their Duty & 
Submission". ^^^ The Lords gave it as their opinion that the 
declaration was so "Seditious, even tending to Rebellion", that 
the new Governor should be directed to rebuke the Assembly 
and punish the "authors and -abettors of this presumption". ^^^ 
The King commanded Lord Culpeper to carry these recom- 
mendations into effect. On the third of July, 1680, Culpeper 
brought the matter before the Virginia Council, preparatory 
to delivering the rebuke. But the Councillors made a vigorous 
defense of the action of the Assembly, and unanimously ad- 

"'P. R. O., CO1-42-138. "^P. R. O., CO5-1376-273. 

>"P. R. O., CO5-1376-273. ""P. R. O., COr-41-87. 

"*P. R. O., CO1-42-141. "°P. R. O., CO1-42-141. 
*"P. R. O., CO391.2-300, 301. 



THE PERIOD OF CONFUSION 215 

vised the Governor to suspend the execution of the King's 
command. ^^^ After some hesitation, Culpeper yielded, and the 
matter was referred back to the Privy Council. Charles was 
finally induced to rescind the order, but he insisted that all 
reference to the declaration "be taken off the file and razed out 
of the books of Virginia". ^^^ 

The work of the commission being completed, Berry and 
Moryson, in July, 1677, sailed with the royal squadron for 
England. ^^"^ Their report, which was so damaging to the 
Virginia loyalists, was not allowed to go unchallenged. Sir 
William Berkeley, upon his death bed, had told his brother. 
Lord John Berkeley, of the hostility of the commissioners, and 
charged him to defend his conduct and character. And Lord 
Berkeley, who was a member of the Privy Council and a man 
of great influence, did his best to refute their evidence and to 
discredit them before the King.^^^ Their entire report, he 
declared, was "a scandalous lible and invective of Sir Wil- 
liam . . . and the royal party in Virginia". ^^"^ His brother's 
conduct had been always prudent and just, and it was notice- 
able that not one private grievance had ever been brought 
against him before this rebellion. ^^''' The meetings of Lord 
Berkeley with the commissioners in the Council chamber were 
sometimes stormy. On one occasion he told Berry, "with an 
angry voice and a Berklean look, . , . that he and Morryson 
had murdered his brother". "Sir John as sharply returned 
again" that they had done nothing but what they "durst 
justify". ^^^ 

As the other members of the Privy Council protected the 
commissioners, and upheld their report, the attacks of the angry 
nobleman availed nothing. Secretary Coventry averred that 
Berry and Moryson had been most faithful in carrying out the 
King's directions, and he showed his confidence in their honesty 
and their judgment by consulting them upon all important 
matters relating to the colony.^ ^^ And for a while, their 

^"P. R. O., C05-I355-354- "'Sains., Vol. XVIII, p. 129. 

"*P. R. O., CO1-41-17. "=Burk, Vol. II, p. 263. 

"'Burk, Vol. II, p. 259; P. R. O., CO391.2-180. 
'"Burk, Vol. II, p. 264. "'Burk, Vol. II, p. 266. 

""P. R. O., CO391 .2-180. 



2ii6 VIRGINIA UNDER THE STUARTS 

influence in shaping the policy of the Privy Council in regard 
to Virginia was almost unlimited. 

Nor did they scruple to use this great power to avenge them- 
selves upon those men that had so antagonized them and hin- 
dered their investigation. Robert Beverley they represented 
to the Privy Council as a man of low education and mean parts, 
bred a vulgar seaman and utterly unfit for high office. ^^*^ 
Colonel Edward Hill was the most hated man in Charles 
City county.^^^ Ballard, Bray and some of the other Coun- 
cillors were rash and fiery, active in opposing the King's orders 
and unjust to the poor people.^"^ The Privy Council was so 
greatly influenced by these representations that they determined 
to reconstruct the Virginia Council, upon lines suggested by 
Berry and Moryson. Colonel Philip Ludwell, Colonel Bal- 
lard and Colonel Bray were expressly excluded from the Coun- 
cil, while Colonel Hill and Major Beverley as "men of evil 
fame and behavior" were deprived of all governmental em- 
ployment whatsoever, and "declared unfit to serve His Ma- 
jesty". ^-^ On the other hand, Colonel Thomas Swann, who 
had been excluded from the Council by Governor Berkeley, 
was now, for his kindness to the commissioners, restored to 
his seat.-^-'* 

The departure of Sir William Berkeley by no means ended 
the opposition to Colonel Jeffreys. A part of the Council, 
realizing that continued hostility could result only in harm to 
themselves, made their peace with the new administration, and 
were received into favor, but the more violent of the loyal 
party remained defiant and abusive. Philip Ludwell, Beverley, 
Hill, Ballard and others openly denounced Jeffreys as a weak- 
ling, entirely unsuited for the important office he now occupied, 
and did their best to render him unpopular with the people.^^^ 
The Lieutenant-Governor retaliated with considerable spirit, 
depriving some of their lucrative offices, and suspending others 

"" P. R. O., CO1-41-121. Major Beverley was of good family. His 
military leadership in Bacon's Rebellion, and his services as clerk of 
the Assembly, testify to his ability. Va. Mag., Vol. II, p. 405. 

"' P. R. O., CO1-41-121. '=" P. R. O., CO391.2-173 to 178. 

"" P. R. O., CO391 .2-305. "^ P. R. O., C039I.2-I73 to 178. 

"=P. R. O., CO1-41-138; CO1-42-117. 



THE PERIOD OF CONFUSION 217 

from the Council. Ludwell, whose conduct had been espe- 
cially obnoxious, was ousted from the collectorship of York 
River/^" Ballard was expelled from a similar office.^-' And 
many months before the changes in the Council ordered by the 
English government became known in Virginia, no less than 
six of the most active loyalists had been suspended by the 
Ivieutenant-Governor.^^^ 

But events soon took a more favorable turn for the Ber- 
keley party. The departure of Berry and Moryson deprived 
Jeffreys of his staunchest friends and advisors. And, before 
the end of the summer, he was prostrated by the Virginia 
sickness, which was still deadly to those unaccustomed to the 
climate of the colony. For several months he was too ill to 
attend properly to his duties or to resist the machinations of 
his enemies, and the government fell into the hands of the 
Council. ^"^ And since this body, despite its pretended support 
of the Lieutenant-Governor, was at heart in full sympathy with 
Beverley and Ludwell and the other loyalists, the policy of the 
administration was once more changed. The work of extor- 
tion was actively resumed and the courts again busied them- 
selves with suits against the former rebels. ^^° 

But consternation seized the Green Spring faction, as the 
loyalists were now called, upon the arrival of the King's 
order, annulling Berkeley's proclamation of February 10, 1677, 
and reaffirming the general pardon.^^^ If this command were 
put into effect, most of the confiscations secured since the 
Rebellion, would become illegal, and restitution would have 
to be made. So desperately opposed to this were the loyalists 
that they resolved to suppress the King's letter. They be- 
lieved that it had been obtained by the influence of the com- 
missioners, and this, they hoped, would soon be rendered 
nugatory by the presence at court of Sir William Berkeley. 
If they could keep the order secret for a few weeks, new in- 
structions, dictated by the Governor, might arrive to render 

'='Va. Mag., Vol. XVIII, p. 18; P. R. O., COi-42-5S. 
'=' Sains., Vol. XVII, p. 19. ^ P. R. O., CO1-41-121. 

'"^ P. R. O., CO1-42-17.1, 23. '"^ P. R. O., COi-42-23. 

"'P. R. O., CO1-42-17.1, 23. 



2i8 VIRGINIA UNDER THE STUARTS 

its execution unnecessary. Colonel Jeffreys protested against 
their disobedience, but he was too weak to oppose the will of 
the Council. ^^- So, for six weeks, his Majesty's grace "was 
unknown to ye poore Inhabitants", while the innumerable 
suits and prosecutions were pushed vigorously. Not until 
October the twenty-sixth, when all hope of its revocation had 
been dispelled by fresh information from England, did the 
Council consent to the publication of the letter.^^^ 

In September, 1677, writs were issued for an election of 
Burgesses. ^^■^ Had Jeffreys not been ill, he would perhaps 
have refused to allow a new session of the Assembly. The 
contest at the polls could but result in a victory for the Green 
Spring faction, as the electoral machinery was in their hands. 
The Lieutenant-Governor, although he had removed some of the 
higher colonial officials, had made few changes in the personnel 
of the county courts. ^^^ The sheriffs, by resorting to the old 
methods, made sure of the election of most of the nominees 
of the loyal party. Complaints came from James City county. 
New Kent county and other places that intimidation and fraud 
had been used to deprive the people of a fair election.^^^ If we 
may believe the testimony of William Sherwood, the Berkeley 
faction carried things with a high hand. "The Inhabitants of 
James City County," he wrote, "did unanimously elect me a 
Burgess . . . but several of my professed enemies . . . pro- 
cured another writt for a new election, with a positive command 
not to choose me. The people then being under amazement 
consented to whome soever the Sheriffe would returne, & so 
my enemies to make their party the stronger in ye house . . . 
causd three Burgesses to serve for James City County. "^^^ 

"By this means," wrote Colonel Daniel Parke, "and by per- 
suading the burgesses that Sir William Berkeley was coming 
in Governour again, (the loyal party) got all confirmed that 
was done at the Assembly before held at Greene Spring."^^^ 
In order to compensate themselves for their great losses and 
to fulfil the promises made by Berkeley to his followers during 



». R. 


0., 


COI-42-I7.I, 23. 


133 p 


R. 


0., 


CO1-42-17.1. 


'. R. 


0., 


, COi -42-23. 


mp 


R. 


0., 


, COi-42-23. 


'. R. 


0., 


COI-42-I7.I. 


"'P. 


R. 


0., 


CO I -42-23. 


'. R. 


0., 


COI-42-I7.I. 











THE PERIOD OF CONFUSION 219 

the Rebellion, they levied a tax upon the people of one hun- 
dred and ten pounds of tobacco per poll. "This with the 
county tax and parish tax," said Parke, "is in some counties 
25olbs, in some 300, and in some 40olbs, which falls very 
heavie upon the poorer people." The county grievances were 
again rejected by the Burgesses as false and scandalous, and 
the persons presenting them were severely punished. ^^^ But 
the Assembly expressed an earnest desire to bring about a 
reconciliation between the hostile factions in the colony, and 
prescribed a heavy penalty for the use of such opprobrious 
epithets as "traytor, Rebell Rougue, Rebell", etc.^'*" 

The news of Berkeley's death was a severe blow to the 
Green Spring party. All the hope they had entertained that 
he would accomplish the overthrow of the work of the com- 
missioners, at once fell to the ground. But thev were some- 
what consoled by the appointment of Lord Culpeper. This 
nobleman was related to Lady Berkeley, and they had good 
reason to believe he would reverse the policy of the present 
administration and ally himself with the loyalists.^^^ 

In the meanwhile the Lieutenant-Governor was regaining his 
health and spirits, and was taking a more active part in public 
affairs. He had been deeply angered with Colonel Philip 
Ludwell for his many insults, and he now determined to prose- 
cute him "for scandalizing the Governor, and abusing the 
Authority of his Majesty". ^"^^ Ludwell's unpardonable crime, 
it would seem, consisted in calling Jeffreys "a pitiful little 
Fellow with a perriwig".^'*^ He had also been heard to say 
that the Lieutenant-Governor was "a worse Rebel than Bacon", 
that he had broken the laws of Virginia, that he had perjured 
himself, that he "was not worth a Groat in England". Nor 
was it considered a sufficient excuse that Ludwell had made 
those remarks immediately after consuming "part of a Flag- 
gon of Syder".^^'* The jury found him guilty of "scandaHz- 
ing the Governor", but acquitted him of any intention of 
abusing his Majesty's authority. The General Court, upon the 

^^P. R. O., CO5-1376. ""P. R. O., COs-1376. 

"'P. R. O., CO1-42-S5; Va. Mag, Vol. II, p. 408. 
"''Va. Mag., Vol. XVIII, p. 20. "^ Va. Mag., Vol. XVIII, p. 12. 

^"Va. Mag., Vol. XVIII, p. 11. 



220 VIRGINIA UNDER THE STUARTS 

motion of Colonel Jeffreys, referred the case to the King and 
Privy Council, that they might "advise a punishment propor- 
tionable to the offence". ^^^ Against this decision the defen- 
dant, as he had an undoubted right to do, appealed to the 
General Assembly. Ludwell felt, no doubt, that should the 
appeal be allowed, his great influence in the House of Bur- 
gesses would secure him a light sentence. But the court 
declared the case so unprecedented that the whole matter, 
including the question of appeal, must be decided by the King. 
With the return of hot weather. Colonel Jeffreys, not yet 
being acclimated, or "seasoned", as the Virginians expressed 
it, again became seriously ill.^^*^ The Council elected a presi- 
dent to act in his place and once more assumed control of the 
administration. ^^'^ The Green Spring faction, whom only the 
Lieutenant-Governor could restrain, again lifted its head and 
endeavored "to continue their old exactions & abuses". ^^^ Feel- 
ing, perhaps, a sense of security in their remoteness from the 
King, which made it impossible for him to watch their actions 
closely, or to mete out to them prompt punishment, they still 
disregarded his pardon and his reiterated commands. ^^^ "The 
colony would be as peaceful as could be wished," wrote William 
Sherwood in August, 1678, "except for the malice of some dis- 
contented persons of the late Governor's party, who endeavour 
by all ye cunning contrivances that by their artifice can be 
brought about, to bring a Contempt of Colonel Jeffreys, our 
present good Governor. . . . Those persons who are the 
troublers of the peace . . . are . . . Lady Berkeley, Colonel 
Philip Ludwell, Colonel Thomas Ballard, Colonel Edward 
Hill, Major Robert Beverley, all of which are cherished by 
Mr. Secretary Ludwell (who acts severely.) It is to be feared, 
unless these fiery Spiritts are allayed or removed home, there 
will not be that settled, happy peace and unity which otherwise 
might be, for they are entered into a faction, which is upheld 
by the expectation of my Lord Culpeper's doing mighty things 
for them & their interest."^^" 

'*»Va. Mag., Vol. XVIII, p. 23. "'P. R. O., CO1-42-103. 

'" Va. Mag., Vol. IX, p. 307. "' P. R. O., CO1-42-103. 

^*^P. R. O., CO1-42-107. ""P. R. O., CO1-42-117. 



THE PERIOD OF CONFUSION 221 

Colonel Jeffreys died in November, 1678.^^^ It was the 
fortune of this Governor to come to the colony in one of the 
greatest crises of its history. Had he been a man of ability 
and firmness he could have rendered the people services of 
great value. He might have put an end to the reign of terror 
inaugurated by Berkeley, prevented the unending law suits, 
confiscations and compositions, reorganized the county courts 
and assured to the people a fair election of Burgesses. He 
seems to have wished to rule justly and well, but he was too 
weak to quell the strife between the rival factions and bring 
quiet to the distracted colony. 

So bitter was the loyal party against Colonel Jeffreys, that 
after his death they sought to revenge themselves upon his 
widow. The Lieutenant-Governor had received no part of 
his salary from March, 1678, to the day of his death, and had, 
as a result, incurred considerable debt. As Mrs. Jeffreys was 
unable to meet all her husband's obligations, she was detained 
in Virginia, and, according to one account, thrown into 
prison. ^^^ "T'is plain," she wrote Secretary Coventry, "they 
seek my Life in malice to my husband, though none of them can 
tax him with any injustice. ... I cannot hope to outlive this 
persecution, but I most humbly beseech you to intercede for 
me to his Majesty, that my child may not be ruined."^^^ Mrs. 
Jeffreys later received the arrears due her husband, and was 
thus enabled to free herself from the power of her enemies. ^^'^ 

Upon the death of Colonel Jeffreys, Sir Henry Chicheley, 
by virtue of a commission granted in 1674, assumed control 
of the government. ^^^ The new Governor had long served 
with distinction in the Council, and seems to have been a "most 
loyal, worthy person and deservedly beloved by the whole 
country". ^^'^ But he was now too "old, sickly and crazy" to 
govern the colony with the vigor and firmness that were so 
greatly needed. ^^^ During the eighteen months of his admin- 
istration the people were "not reconciled to one another", and 
"ill blood" only too often was manifested by both factions. ^^* 

^'^Va. Mag., Vol. IX, p. 307. "^ P. R. O., CO5-1355-304, 30S, 309. 

^=^P. R. O., CO5-1355-305. ^=*P. R. O., C05-I3S5-370. 

'"Va. Mag, Vol. IX, p. 307. ^''^ P. R. O., CO1-41-121. 

'"Sains., Vol. XVII, p. 230. '"Sains., Vol. XVII, p. 230. 



222 VIRGINIA UNDER THE STUARTS 

Sir Henry had himself been a severe sufferer by the Rebel- 
hon. He had fallen into Bacon's hands and had even, it 
would seem, been threatened with death, in retaliation for 
Berkeley's execution of Captain Carver. Yet he attempted 
to rule impartially and well. Writs were issued in the spring of 
1679 for an election of Burgesses, and the people were pro- 
tected from intimidation at the polls. The Assembly, as a 
result, showed itself more sane, more sensitive to the wishes 
of the commons, than had been either of the sessions of 
jg^^ 159 Several laws were enacted redressing some of the 
most flagrant evils of the old governmental system of Ber- 
keley. The voters of each parish were empowered to elect 
two men "to sitt in the severall county courts and have their 
equall votes with the severall justices for the makeing of by 
lawes".^*^*^ An act was passed putting a limit upon the exces- 
sive fees charged by the collectors of the customs. ^^^ And the 
clamor of the loyalists for the payment of their claims upon 
the treasury were unheeded, and all public debts were referred 
for settlement to the next session. ^^^ 

Chicheley's administration came temporarily to an end with 
the arrival of Lord Culpeper. The period from the close of 
the Rebellion to May, 1680, when the new Governor-General 
took the oath of office, seems, at first sight, characterized only 
by confusion and disaster. The violent animosities, the un- 
certainty of property rights, the lack of a firm and settled 
government kept the people in constant uneasiness and dis- 
content. The numerous banishments and executions had 
deprived the colony of some of its most intelligent and useful 
citizens, while the plundering of both parties during the Re- 
bellion, and the numberless forfeitures that followed' the 
establishment of peace, had reduced many men to poverty. 
Nor had the most pressing of the grievances that had caused 
the people to rise against the government been redressed. 
The Navigation Acts were still in force, the commons were 
yet excluded from their rightful share in the government, the 
taxes were more oppressive than ever. 

'=^'Hen., Vol. II, p. 433. ""Hen., Vol. II, p. 441. 

^^Heti., Vol. II, p. 443. ^^Hen., Vol. II, p. 456. 



THE PERIOD OF CONFUSION 223 

Yet amid the melancholy confusion of the times, important 
changes for the better were taking place. Never again was an 
English Governor to exercise the despotic power that had / 
been Sir William Berkeley's. This was not due to the greater [ 
leniency of the British government, or to lack of ambition in ' 
the later Governors. But the Rebellion and the events follow- 
ing it, had weakened the loyalty of the people and shown them 
the possibility of resisting the King's commands. The commons, 
angered at the severity of the punishment inflicted upon the 
rebel leaders, and disappointed in the royal promise that their 
grievances should be redressed, regarded the government with 
sullen hostility. The wealthy planters resented what they con- 
sidered Charles' ingratitude for their loyal support in the hour 
of need, and complained bitterly of his interference with their 
attempts to restore their ruined fortunes. Throughout Ber- 
keley's administration their interests had seemed to be 
identical with those of the Governor, and they had ever worked 
in harmony with him. With the advent of Colonel Jefi^reys, 
however, they had been thrown into violent opposition to the 
executive. Their success in thwarting the policies of the 
Lieutenant-Governor, and in evading and disobeying the 
King's commands gave them a keen appreciation of their own 
influence and power. They were to become more and more 
impatient of the control of the Governors, more and more 
prone to defy the commands of the English government. 

The awakened spirit of resistance bore rich fruit for the 
cause of liberty. The chief difficulty heretofore experienced 
by the commons in defending their rights was the lack of 
intelligent and forceful leaders. These they now secured through 
the frequent quarrels of the wealthy planters with the Gov- 
ernors. More than once Councillors, suspended from their seats 
for disobedience, came forward as leaders in the struggle to 
preserve the rights of the people. In this capacity they ren- 
dered services of the highest importance. Strangely enough 
some of the leading spirits of the old Berkeley party became, 
by their continued opposition to the executive, champions of 
representative government in the colony. Had it not been for 
the active leadership of Robert Beverley and Philip Ludwell 



\ 



224 VIRGINIA UNDER THE STUARTS 

the cause of liberty might well have perished under the assaults 
of Charles II and James II. 

The House of Burgesses was gradually becoming more rep- 
resentative of the people. The intimidation of voters practiced 
by the loyal party immediately after the Rebellion could not be 
continued indefinitely. As the terror inspired by Berkeley's 
revenge upon the rebels began to wane, the commons insisted 
more upon following their own inclinations at the polls. 
Moreover, the incessant quarrels of the Governors with the 
members of the aristocracy made it impossible for any clique 
to control again the electoral machinery. As the sheriffs and 
justices were no longer so closely allied with the executive as 
they had been in the Restoration period, false returns of Bur- 
gesses and other electoral frauds were apt to be of less frequent 
occurrence. 

Thus, during the years immediately following the Rebellion, 
forces were shaping themselves which were to make it possible 
for the colony to resist those encroachments of the Crown 
upon its liberties that marked the last decade of the rule of the 
Stuart kings, and to pass safely through what may well be 
called the Critical Period of Virginia history. 



CHAPTER VIII 
The Critical Period 

For some years after the Restoration the administration of 
English colonial affairs had been very lax. The Council of 
Plantations, which had served as a Colonial Office during the 
period from 1660 to 1672, had done little to control the Gov- 
ernors or to supervise and direct their policies. With the excep- 
tion of one list of questions sent to Virginia in 1670, they had 
left Sir William Berkeley almost entirely to his own devices. 
September 27, 1672, the Council of Plantations was united 
with the Board of Domestic Trade to form the Council of 
Trade and Plantations. This new arrangement seems not to 
have been productive of good results, for in December, 1674, 
after the fall of the Cabal ministry, it was discontinued and the 
direction of colonial affairs entrusted to the King's Privy 
Council. This important body, finding its new duties very 
onerous, created a committee of twenty-one members, to whom 
the supervision of trade and plantations was assigned. In 
this way the King's most trusted ministers were brought into 
close touch with colonial affairs. We find now such prominent 
statesmen as Secretary Coventry, Secretary Williamson and 
Sir Lionel Jenkins carrying on extensive correspondence with 
the Governors, becoming interested in all their problems and 
needs, and demanding copies of all journals of Assembly and 
other state papers.^ 

This closer intimacy with the colonial governments led 
inevitably to a feeling of intolerance for local autonomy and 
for representative institutions, and to a determination to force 
upon the colonists a conformity with the policies and desires 
of the English government. Charles II and James II, 
instituted, in the decade preceding the English Revolution, a 
series of measures designed to curb the independence of the 

'Osg., Vol. Ill, pp. 280, 281. 

225 



226 VIRGINIA UNDER THE STUARTS 

colonists. Some of the Assembly's long-established and most 
important rights were attacked. Many of its statutes were 
annulled by proclamation ; its judicial powers were forever 
abolished; its control over taxation and expenditure was 
threatened ; the privilege of selecting the Assembly clerk was 
taken from it; while even the right to initiate legislation was 
assailed. 

The intolerant mood of the King and Privy Council is 
reflected in the instructions given Lord Culpeper upon his 
departure for Virginia. They included orders depriving him 
of the power, exercised freely by all former Governors, of call- 
ing sessions of the Assembly. "It is Our Will and pleasure," 
Charles declared, "that for the future noe General Assembly be 
called without Our special directions, but that, upon occasion, 
you doe acquaint us by letter, with the necessity of calling such 
an Assembly, and pray Our consent, and directions for their 
meeting. "2 

Even more dangerous to the liberties of the people was the 
attempt to deprive the Assembly of the right to initiate legisla- 
tion. "You shall transmit unto us," Culpeper was commanded, 
"with the advice and consent of the Council, a draught of such 
Acts, as you shall think fit and necessary to bee passed, that 
wee may take the same into Our consideration, and return them 
in the forme wee shall think fit they bee enacted in. And, 
upon receipt of Our commands, you shall then summon an 
Assembly, and propose the said Laws for their consent."^ 

Most fortunately neither of these instructions could be en- 
forced. The great distance of England from Virginia, and the 
time required to communicate with the King, made the sum- 
moning of the Assembly and -the initiation of legislation with- 
out the royal assent a matter of absolute necessity. Lord 
Culpeper, with his Majesty's especial permission, disregarded 
these orders during his first visit to the colony, and later, to his 
great satisfaction, the Committee of Trade and Plantations 
"altered their measures therein".^ 

Culpeper was directed to secure in the colony a permanent 

'P. R. O., CO5-135S-334; McD., Vol. V, p. 302. 

'P. R. O., CO5-1355-313, 334. 

*P. R. O., CO5-1355-334; McD., Vol. V, p. 302. 



THE CRITICAL PERIOD 227 

revenue for the King. It was rightly judged that the repre- 
sentatives of royal authority could never be entirely masters 
of the government while they were dependent for their salaries 
upon the votes of the Assembly. Sir William Berkeley, it is 
true, had rendered his position secure by obliging all "the men 
of parts and estates", but similar methods might be impossible 
for other Governors. The King and Privy Council did not, 
however, attempt to raise the desired revenue by imposing a 
tax upon the people without their own consent. An act levying 
a duty of two shillings a hogshead upon all tobacco exported 
from Virginia was drawn up by the Attorney-General for 
ratification by the Assembly.^ The consent of the King in 
Council was duly received and the bill, with an act concerning 
naturalization and another for a general pardon, were sent to 
Virginia by Lord Culpeper. "These bills," the King told him, 
"we have caused to be under the Create Scale of England, and 
our will is that the same . . . you shall cause to be considered 
and treated upon in our Assembly of Virginia."*^ 

The revenue bill was quite similar to an act of Assembly 
still in force, which had imposed a duty upon exported tobacco, 
but an all-important difference lay in the disposal of the funds 
thus raised. The former statute had given the proceeds of 
this tax to the Assembly, "for the defraying the publique 
necessary charges","^ but the new act was to grant the money 
"to the King's most excellent Majesty his heires and Suc- 
cessors for ever to and for the better support of the 
Government".^ 

In order to carry out these new designs for the government 
of the colony, the King ordered Lord Culpeper to prepare to 
sail at once. The Governor, however, was most reluctant to 
leave the pleasures of the court for a life in the American 
wilderness. His departure had already been long delayed, 
more than two years having elapsed since Charles had told 
the colonists to expect his speedy arrival. Yet he still de- 
layed and procrastinated. On the third of December, 1679, 

' P. R. O., CO5-1356; CO391.2-276, 325, 283 to 285. 
•P. R, O., CO1-43-165. 'Hen., II, p. 133. 

•P. R. O., CO5-1376; Hen., Vol. II, p. 466. 



228 VIRGINIA UNDER THE STUARTS 

an order was issued giving his Lordship "liberty to stay in 
Towne about his affaires until Monday next, and noe longer, 
and then to proceed forthwith" to the Downs, where "the 
Oxford frigat" was waiting to convey him to Virginia.^ But 
as he still lingered in London, the Captain of the frigate was 
ordered to sail up the Thames to take him on board. ^° No 
sooner had he left his moorings, however, than Culpeper, 
probably in order to gain time, hastened away to the Downs. 
This so aroused the King's anger that he was pleased to direct 
one of his principal secretaries to signify by letter to Lord 
Culpeper his high displeasure at his delay and neglect of duty, 
and that his intentions were to appoint another Governor of 
Virginia unless he embarked as soon as the frigate returned 
to the Downs. ^^ But now adverse winds set in, and Culpeper, 
with the tobacco fleet which had waited for him, was unable 
to sail until February 13, 1680.^^ 

He arrived off the capes May the second, and eight days 
later took formal possession of his government. Immediately 
the Councillors and other leading planters flocked around him, 
eager to secure his support against the old rebellious party. 
Nor was their presentation of their cause ineffectual in winning 
the Governor's sympathy. "All things," he wrote Secretary 
Coventry, "are . . . far otherwise than I supposed in Eng- 
land, and I beleeve ye Council, at least I have seen through a 
mist."^^ It was to be expected then, that in settling the dispute 
that had so long troubled the colony he would favor the Ber- 
keley faction. And this, so far as the King's commands would 
permit, he seems to have done. The wealthy planters ex- 
pressed their satisfaction with his measures, and the commons, 
if they disapproved, feared to reveal their resentment. "His 
Excellency," wrote Colonel Spencer, "has with soe great 
prudence settled all the Affairs of the Country that our late 
different Interests are perfectly united to the general satisfac- 
tion of all his Majesty's Subjects in this colony."^"* 

The Berkeley party was deeply displeased at the King's 

" P. R. O., CO5-1355-372. '" P. R. O., C05-I3S5-37S. 

" P. R. O., CO5-1355-375, 376. " P. R. O., COS-I35S-378. 

" P. R. O., CO5-13SS-385. " P. R. O., CO5-13S5-384. 



THE CRITICAL PERIOD 229 

command to exclude Colonel Philip Ludwell from the Council. 
Recognizing in the order the influence of Colonel Jeffreys 
and the other commissioners, they assured the Governor that it 
had been secured by false representations. The Councillors 
declared "that they were very sencible of ye want of that 
Assistance they for many Years" had had from Colonel Lud- 
well, "whose good abilities, Knowne Integrity and approved 
Loyalty" rendered him most necessary to his Majesty's ser- 
vice. They therefore earnestly requested "his Excellency 
to Readmitt & Receive him to be one of ye Councill".^^ Cul- 
peper yielded readily, and Ludwell was restored to his seat. 

The Burgesses were chagrined at the order to oust Major 
Robert Beverley from all public employment. He was again 
the clerk of Assembly, for which ofiice he was "their Unani- 
mous Choyce", and his disgrace was regarded as a rebuke to 
the House. ^^ Upon their earnest petition Culpeper consented 
that he should retain that important post in which he was soon 
to render signal service to the people and to incur again the 
anger of the King and his ministers. ^'^ 

When the Assembly convened the Governor at once laid 
before it the Act of General Pardon, the Act of Naturaliza- 
tion and the Act for a Public Revenue. To the first and the 
second he obtained a prompt assent, but the third was strenu- 
ously resisted. The House of Burgesses was filled with gentle- 
men of the best families, men closely allied with the Council 
in position and interest, yet they were unwilling to permit any 
part of the public revenue to pass out of the control of the 
people. ^^ "The House," they declared, "doe most humbly 
desire to be Excused if they doe not give their approbacon of 
his Majesties bilL"^^ And so determined were they, that when 
the matter was again brought before them by the Governor 
they refused even to resume the debate.^*' 

"P. R. O., C05-r376-265. ^"Jour. H. of B., 1680, p. i. 

"Jour. H. of B., 1680, p. 7. 

^* Among the Burgesses were Captain William Byrd, Major Swann, 
Benjamin Harrison, Colonel Ballard, Colonel Mason, Colonel John Page, 
Colonel Matthew Kemp, William Fitzhugh, Isaac Allerton, John Carter 
and Captain Fox. P. R. O., COs-1376-321. 

"Jour. H. of B., 1680, pp. 13, 14. "^Jour. H. of B., 1680, p. 27. 



230 VIRGINIA UNDER THE STUARTS 

But Culpeper, fearful of the King's displeasure, and uneasy 
for the payment of his own salary, made strenuous efforts to 
secure the passage of the bill. He did not scruple to resort 
to bribery and intimidation to force obedience from the stub- 
born Burgesses. We have the testimony of the Governor 
himself to one notorious case of the misuse of the patronage. 
Among the leaders of the House of Burgesses was Isaac 
Allerton, a man of wealth and education, and an excellent 
speaker.-^ "He did assure me," Culpeper reported to the Privy 
Council, "of his utmost services in whatsoever the King should 
command him by his Governor, particularly as to a further 
Bill of Revenue for the support of ye Government, And I did 
engage to move his Majesty that hee should bee of the Coun- 
cil .. . though not to be declared till after the Session of 
next Assembly, when I am sure he can bee as serviceable if 
not more than any other person whatsoever. "-^ This bargain 
was faithfully kept and in time Allerton, for thus betraying 
his trust, received his seat in the Council. ^^ 

Nor did Lord Culpeper hesitate to intimidate the Burgesses 
by threatening to demand the payment of all arrears of quit- 
rents. This tax, although belonging to the King from the first 
settlement of the colony, had not, for many years, been duly 
collected. It was now rumored, however, that the Privy Coun- 
cil intended, not only to enforce for the future a strict pay- 
ment, but to demand a settlement for the accumulated arrears. 
In 1679 Sir Henry Chicheley had forwarded to his Majesty 
a petition from the Assembly asking relief from this great 
burden. If this be not granted, he wrote, the payments which 
have been so long due and amount to so vast a sum, will fall 
heavily upon all, but especially upon the poor.^^ Culpeper, 
knowing well the anxiety of the Burgesses upon this point, told 
them that if they expected the King to grant their petition, they 
must yield to his desire for a royal revenue in the colony. 

Calling the Assembly before him, he urged them to resume 
their debate. "It looks," he said, "as if you could give noe 
reasons or as if you were affraid to be convinced. ... I desire 

^'^P. R. O., CO5-13S6-125. =-^P. R. O., COs-1356-125, 126. 

==' P. R. O., COs-1356-265. '' P. R. O.. CO5-1355-361. 



THE CRITICAL PERIOD 231 

you to lay aside that irregular proceeding . . . and resume the 
debate." The Council, he added, had given their unanimous 
consent to the bill. "Consider the affaires of the Quitt Rents, 
Consider the King's favour in every thing you may aske even 
to a cessacon . . . and reflect if it be tante for you not to 
concurr in a thing that, I am assured, ye King . . . judges 
his owne and will soe use it and the more fully then if this 
Act pass."-^ 

Thus threatened, the Burgesses finally yielded, and the bill 
became law. But they insisted upon adding to it two provisos : 
that the former export duty upon tobacco be repealed, and that 
the exemption of Virginia ship owners from the payment of 
the tax, which had been a provision of the former law, should 
be continued. ^^ When some months later the matter came 
before the Committee of Trade and Plantations, their Lord- 
ships expressed much dissatisfaction at these amendments, 
declaring that the bill should have passed "in Terminis". Since, 
however, the first proviso in no way changed the sense of the 
act, and had been added only to prevent a double imposition, 
they recommended that it should be continued. But the second 
was declared null and void by order of the King, as "irregular 
and unfit to be allowed of".^^ 

Lord Culpeper, immediately after the dismissal of the As- 
sembly made ready to return to England. August 3, 1680, he 
read to the Council an order from the King granting him per- 
mission to leave the colony, and a few days later he set sail in 
The James}^ The government was again left in the hands of 
the infirm Chicheley.^^ 

Culpeper, upon his arrival in England, told the King that all 
was well in the colony, that the old contentions had been for- 
gotten, and the people were happy and prosperous. But this 
favorable report, which was made by the Governor to palliate 
his desertion of his post, was far from being true. There was, 
as he well knew, a deep-seated cause of discontent in Virginia, 
that threatened constantly to drive the people again into mutiny 

='Jour. H. of B., 1680, p. 32. '"Jour. H. of B., 1680, p. 36. 

=' P. R. O., CO5-135S-388 to 394. 

^P. R. O., CO5-13S5-380; CO5-1376-286. 

"P. R. O., CO5-1355-396. 



232 VIRGINIA UNDER THE STUARTS 

and disorder. This was the continued low price of tobacco. In 
the years which had elapsed since Bacon's Rebellion, the people, 
despite their bitter quarrels, had produced several large crops, 
and the English market was again glutted. "What doth quite 
overwhelm both us and Maryland," complained the colonists, 
"is the extreme low price of our only commodity . . . and 
consequently our vast poverty and infinite necessity."^^ The 
Burgesses, in 1682, spoke of the worthlessness of tobacco as 
an "ineffable Calamity". "Wee are," they said, "noe wayes 
able to force a miserable subsistance from the same. ... If 
force of penne, witt, or words Could truely represent (our 
condition) as it is, the sad resentments would force blood 
from any Christian Loyall Subjects heart."^^ Some months 
later the Council wrote, "The people of Virginia are generally, 
some few excepted, extremely poor, . . . not being able to 
provide against the pressing necessities of their families."^^ 
That the Privy Council was aware, as early as October, 1681, 
that these conditions might lead to another insurrection, is 
attested by a letter of the Committee of Trade and Plantations 
to Lord Culpeper. "We are informed," they wrote, "that 
Virginia is in great danger of disturbance ... by reason of 
the extreme poverty of the People, occasioned by the low 
price of tobacco which, tis feared may induce the servants to 
plunder the Stores of the Planters and the Ships arriving there 
and to commit other outrages and disorders as in the late 
Rebellion."33 

This universal distress created a strong sentiment througlv 
out the colony in favor of governmental restriction upon the 
planting of tobacco. Unless something were done to limit the 
annual crop, prices would continue to decline. Many mer- 
chants, who had bought up large quantities of tobacco in Eng- 
land with the expectation that its value would eventually rise, 
"fell to insinuate with the easiest sort People how advan- 
tageous it would bee ... if an Act of Assembly could be 
procured to cease planting tobacco for one whole year".^^ 

^ P. R. O., COs-1355-408. '' Jour. H. of B., April 1682, p. 4. 

^P. R. O., CO5-1356-179. ''P. R. O., COs-1356-i, 2. 

^P. R. O., CO5-1356-177. 



THE CRITICAL PERIOD 233 

When, in the spring of 1682, it became apparent that another 
large crop must be expected, an almost universal demand arose 
for the immediate convening of the Assembly for the passage 
of a law of cessation. 

The Councillors, although themselves in favor of some 
restraint upon the huge output, advised the aged Deputy-Gover- 
nor not to consent to a session at this juncture.^^ But Chiche- 
ley, persuaded, it was claimed, by the insistent arguments of 
Major Beverley, yielded to the desires of the people, and upon 
his own responsibility, issued writs summoning the Burgesses 
to convene at Jamestown, April 18, 1682.^^ Five days before 
the date of meeting, however, a letter arrived from the King, 
expressly forbidding an Assembly until November the tenth, 
when, it was hoped. Lord Culpeper would have returned to his 
government.^'^ The letter also informed the Deputy-Governor 
that two companies of troops that had remained in Vir- 
ginia ever since the Rebellion, could no longer be maintained 
at the expense of the royal Exchequer. Since many of the 
Burgesses were already on their way to Jamestown, Sir Henry 
decided to hold a brief session, in order to permit them, if they 
so desired, to continue the companies at the charge of the 
colony.^^ But he expressed his determination, in obedience 
to the King's commands, to forbid the consideration of any 
other matter whatsoever. 

The Burgesses met "big with expectation to enact a Cessa- 
tion".^^ The appeals of their constituents and the smart of 
their own purses made them desperately resolute to give the , 
country relief from the present depressing conditions. When j 
they learned that after all their session was to be in vain, and | 
that they were to be allowed to vote only on the matter of con- 
tinuing the companies, they were deeply concerned and angered. 
Addressing the Deputy Governor, they declared themselves 
overwhelmed with grief at the expectation of adjournment. 
They had, from all parts of the drooping country, passionately 
wended their way to Jamestown, to attend this Assembly, upon 

"'P. R. O., CO5-13S6-73. 

"P. R. O., CO5-1356-73, 156; Jour, H. of B., April 1682. 

*'P. R. O., CO5-1356-11, 12, 68, 72. 

^ P. R. O., CO5-1356-8. '' P. R. O., CO5-1356-68. 



234 VIRGINIA UNDER THE STUARTS 

which the "last expiring hopes" of the "miserably indigent 
poor Country" were reposed. Should they be compelled to 
return to their homes, having accomplished nothing, the people 
would be struck with amazement, "like an unexpected death 
wound". ■^^ 

The Deputy Governor, not daring to disobey the King, 
ignored their appeal, and bade them decide without delay 
whether or not they would continue the two companies. But 
the Burgesses would give no definite answer upon this matter, 
hoping by a policy of delay to win, in the end, Chicheley's 
consent to the cessation. After seven days of fruitless bicker- 
ing Sir Henry, in anger at their obstinacy, prorogued the 
Assembly to November the tenth.^^ Before their dismissal, 
however, the Burgesses, in order to show that they had not 
been remiss in endeavoring to secure relief for the people, 
voted that the journal of their proceedings should be read 
publicly in every county. 

Nor had they misjudged the desperate humor of the people. 
When it became known throughout the colony that the As- 
sembly had done nothing to restrict the planting of tobacco, 
the anger of the poor planters could not be restrained. Some 
bold spirits proposed that the people should assemble in various 
parts of the country, and, in defiance of law and order, cut to 
pieces the tobacco then in the fields. If the King would not 
permit a cessation by law, they would bring about a cessation 
by force. A few days after the close of the Assembly, parties 
of men in Gloucester began the work of destruction. It re- 
quired but little exertion to ruin the tender plants, and the 
rioters, passing from plantation to plantation, in an incredibly 
short time accomplished enormous havoc. Many men, filled 
with the contagion, cut up their own tobacco, and then joined 
the mob in the destruction of the crops of their neighbors.'*^ 

As soon as the news of this strange insurrection reached 
Jamestown, Chicheley dispatched Colonel Kemp to Gloucester 
with directions to muster the militia and to restore order by 

"Jour. H. of B., April 1682, pp. 4, 5. 

**Jour. H. of B., April 1682; P. R. O., COs-1356-68. 

« P. R. O., CO5-1356-65, 66, 67. 



THE CRITICAL PERIOD 235 

force of arms. This officer, with a troop of horse, fell upon 
one party of plant-cutters, and captured twenty-two of their 
number. "Two of the principal and incorrigible rogues" he 
held for trial, but "the rest submitting and giving assurances 
of their quiet and peacable behavior were remitted". ^^ Other 
parties, intimidated by these vigorous measures, dispersed, and 
soon peace was restored throughout all Gloucester. But now 
news reached the Deputy-Governor "that the next adjacent 
county, being new Kent, was lately broke forth, committing the 
like spoyles on plants". And no sooner had the troops sup- 
pressed the rioters here than the disorders spread to Middlesex 
and other counties. It became necessary to issue orders to 
the commanders of the militia in each county to keep parties of 
horse in continual motion, to prevent the designs of the plant- 
cutters and arrest their leaders."*^ And then the rioters, who 
had at first carried on their work in the open day, "went in 
great companys by night, destroying and pulling up whole 
fields of tobacco after it was well grown". ^^ Not until August 
were the disorders finally suppressed. 

These troubles, coming so soon after Bacon's Rebellion, 
caused great apprehension, both to the colonial government and 
to the Privy Council. "I know," wrote Secretary Spencer, "the 
necessities of the inhabitants to be such . . . their low estate 
makes them desperate. ... If they goe forward the only 
destroying Tobacco plants will not satiate their rebellious 
appatites who, if they increase and find the strength of their 
own arms, will not bound themselves. "^^ And, although the 
actual rioters were "inconsiderable people", yet it was thought 
they had been instigated by men of position and wealth.'*'^ 

Grave suspicion rested upon Major Robert Beverley. ^^ It 
had been the importunities of "the over-active Clerk" that had 
persuaded Chicheley, against the advice of the Council, to 
convene the Assembly. It was he that had been the most 
industrious advocate of a cessation, that had fomented the 
disputes in the Assembly, that had most strenuously opposed 

« P. R. O., CO5-1356-70. " P. R. O., COs-1356-71. 

^=P. R. O., CO5-13S6-178. ^'P. R. O., COs-1356-71. 

" P. R. O., COs-1356-178. « P. R. O., COs-1356-74. 



236 VIRGINIA UNDER THE STUARTS 

adjournment. And it was he, the Council believed, that had 
"instilled into the multitude . . . the right of making a Ces- 
sation by cutting up Plants". ^'^ Moreover, they thought it not 
improbable that he would lead the people into a new insurrec- 
tion. The rabble regarded him with veneration and love. His 
activity in suppressing the Rebellion and his opposition to the 
county grievances of 1677 had been forgotten, and they saw 
in him now only the defender of the poor and helpless. Were 
he to assume the role of a Bacon and place himself at the head 
of the commons, he might easily make himself master of the 
colony. Although there was no evidence against him, "but only 
rudeness and sauciness", it was thought advisable to render 
him powerless to accomplish harm, by placing him under 
arrest.^*' He was taken without resistance by Major-General 
Smith, "though to his own great loss of 2 or 300 pounds, by 
the Rabbles cutting up his Tobacco plants within two days after 
out of Spight".^^ 

Beverley was kept in strict confinement on board an English 
ship, the Duke of York, where for the time, he was safe from 
rescue by the people. But so fearful was the Council that he 
might plot for a general insurrection, that they issued orders 
forbidding him to send or to receive letters, and permitting him 
to speak only in the presence of the captain of the ship.^- 
Even these harsh measures did not reassure them, and it was 
decided to send him to the Eastern Shore, where the people 
were most loyal to the government, and where rescue would 
be impossible.^ ^ As preparations were being made to effect 
his transfer, he escaped from the custody of the sheriff, and 
returned to his home in Middlesex. But he was soon re- 
captured, and conveyed to Northampton. Here, despite all 
the efforts of his friends and his own violent protests, he was 
kept in confinement for months. In the fall he applied for a 
writ of habeas corpus, but this was denied him under the pre- 
text that the whole matter had been referred to the King, and 
was no longer within the jurisdiction of the Deputy-Governor 

*' P. R. O., COs-1356-74- °" Hen., Vol. Ill, p. 543- 

"P. R. O., CO5-1356-156. "Hen., Vol. Ill, p. 544- 

^^Hen., Vol. Ill, p. 546. 



THE CRITICAL PERIOD 237 

and Council.^"* Since, however, all fear of a rebellion was now 
passed, he was permitted, upon giving bail to the sum of £2,000, 
to return to his home. But he was still restricted to the counties 
of Middlesex and Gloucester, was declared ineligible to public 
office and was forbidden to plead as an attorney in any colonial 
court.^^ 

When the Privy Council learned of the plant-cutting in Vir- 
ginia, they ordered Lord Culpeper "to repair to the Govern- 
ment with all possible speed, in order to find out, by the strictest 
enquiry, the abbetors and instruments of this commotion". 
And since they too were fearful of a new insurrection, they 
gave directions "that some person who shall be found most 
faulty may be forthwith punished".^® "After which," the 
Privy Council advised, "and not before the Governor may be 
directed to consider of and propose, with the advice of the 
Council and the Assembly, . . . some temperament in rela- 
tion to the Planting of Tobacco and raising the price of that 
commodity."^" 

Culpeper left England in October, 1682, upon "the Mermaid 
frigat", and, after a tedious and dangerous voyage of eleven 
weeks, arrived safely in Virginia. He was resolved that tlie 
persons responsible for the plant-cutting should be brought 
immediately to trial, and punished with the utmost rigor of the 
law. The strictest inquiry was made into the conduct of Major 
Beverley, and had there been evidence sufficient to convict him, 
the unfortunate Clerk would undoubtedly have suffered death 
upon the gallows. But since only the most trivial offenses 
could be adduced against him, Culpeper was forced to turn 
elsewhere for the victims demanded by the English government. 

So the prosecution was now directed against some of the 
actual plant-cutters. In this, however, Culpeper found him- 
self greatly embarrassed by Chicheley's previous treatment 
of the matter. The Deputy-Governor had, some months be- 
fore, issued pardons to many of the chief offenders, and had 
permitted the others to give bail, thus treating their crime as 
"Ryot and noe more", and making the affair seem "as slight 

"Hen., Vol. HI, pp. 546, 547. "^^ Hen., Vol. Ill, p. 547- 

"P. R. O., CO5-1356-76. "P. R. O., CO5-1356-76, T?. 



238 VIRGINIA UNDER THE STUAJ^TS 

as possible to the people".^ ^ But Culpeper, despite this action 
of Sir Henry, ordered the arrest of four of the most notorious 
plant-cutters and charged them with high treason. Their trial 
created great excitement throughout the colony, but "despite 
the high words and threats" of the rabble, three of them were 
convicted. Two were executed — Somerset Davies at James- 
town, and Black Austin "before the Court-house in Glocester 
county, where the Insurrection first broke out".^^ The third 
was pardoned by the Governor. "Hee was extremely young," 
Culpeper wrote, "not past 19, meerely drawn in and very 
penitent, and therefore ... I thought fit to mingle mercy 
with Justice and Repreeved him ... to the end the whole 
country might be convinced that there was no other motive in 
the thing but purely to maintain Government."®^ 

But although Culpeper was thus vigorous in punishing the 
disorders of the poor people, he did nothing to remove the cause 
of their turbulence — the low price of tobacco. By an order in 
Council of June 17, 1682, he had been directed to grant a 
cessation, should it seem expedient, and had been given a letter 
from Secretary Jenkins to Lord Baltimore, requiring the co- 
operation of Maryland.*'^ But, upon finding the colony in 
peace and quiet, and the Assembly busy with other concerns, 
he "took advantage thereof", and kept secret this unexpected 
concession. Culpeper pretended to believe that the desired 
cessation would be of no real benefit to the planters, but it is 
clear that he was consciously betraying the colony to the greed 
of the royal Exchequer.®^ "I soe encouraged the planting of 
tobacco," he reported to the Privy Council ,"that if the season 
continue to be favorable . . . there will bee a greater cropp 
by far than ever grew since its first seating. And I am con- 
fident that Customs next year from thence will be £50,000 more 
than ever heretofore in any one year."®^ Immediately after, he 
declared that he well knew "that the great Cropp then in hand 
would most certainly bring that place into the utmost exigen- 

''P. R. O., CO5-1356-157. ''P. R. O., CO5-1356-158. 

'"P. R. O., COs-1356-159. "P. R. O., CO5-1356-76, 77, 163- 

"^P. R. O., CO5-1356-164. '"P. R. O., CO5-1356-164. 



THE CRITICAL PERIOD 239 

cies again", and he promised to be prepared to quell the dis- 
turbances that would result.^^ 

Before Lord Culpeper left England an order had been deliv- 
ered to him "commanding that noe Governour of his Majesty's 
Plantations, doe come into England from his Government", 
without first obtaining leave from the King.*^^ But so loath 
was he to remain long in Virginia, that as soon as he had 
dispatched the business of the April court, he once more set 
sail for England. "I judged it a proper time," he said, "to 
make a step home this easy quiet year, not out of any fondness 
to bee in England, . . . but for the King's service only."^^ 

But Charles and the Pri\7 Council were weary of Culpeper's 
neglect of duty. They decided to rid themselves of so un- 
trustworthy an officer and to appoint in his place a man that 
would remain in the colony and carry out their wishes and 
policies. An inquisition was held upon his conduct, and his 
letters patent as Governor-General were declared void'^' On 
the 28th of September, 1683, a commission as Lieutenant- and 
Governor-General of Virginia was granted to Lord Howard of 
Effingham. ^^ 

Few British colonial Governors are less deserving of respect 
than Thomas Lord Culpeper. He was insensible of any obli- 
gation to guard the welfare of the people of Virginia, and was 
negligent in executing the commands of the King. He seems 
to have regarded his office only as an easy means of securing a 
large income, and he was untiring in his efforts to extort money 
from the exhausted and impoverished colony. Sir William 
Berkeley's salary as Governor had been £1,000, but Culpeper 
demanded and received no less than £2,000.®^ In addition, he 
was allowed £150 a year in lieu of a residence, received pay as 
captain of infantry and claimed large sums under the pro- 
visions of the Arlington-Culpeper grant. 

Nor did he scruple to resort to open fraud in satisfying his 
greed. There were, in 1680, two companies remaining in 

" P. R. O., CO5-13S6-164, 169. "" P. R. O., CO5-1356-87. 

«»P. R. O., CO5-1356-168, 169. 

"P. R. O., CO5-1356-188, 239, 244, 114- 

•^ P. R. O., CO5-13S6-188. 

'*P. R. O., CO5-1356-56, 14s, 146. 



240 VIRGINIA UNDER THE STUARTS 

Virginia of the troops sent over to suppress Bacon's Rebellion. 
Having received no pay for many months, the soldiers were 
discontented and mutinous."^" The Privy Council entrusted to 
Culpeper, upon his first departure for the colony, money to 
satisfy them, and to compensate the householders with whom 
they had been quartered. '^^ At this period, as always in the 
seventeenth century, there was a great scarcity of specie in 
Virginia. But there circulated, usually by weight, various 
foreign coins, the most common of which was the Spanish 
piece of eight, about equal in value to five shillings in English 
money. My Lord, upon his arrival, industriously bought up all 
the worn coins he could secure, arbitrarily proclaimed them 
legal tender at the ratio of six shillings to one piece of eight, 
and then paid the soldiers and the landlords. This ingenious 
trick probably netted him over £i,ooo. Later he restored the 
ratio to five to one, so that he would lose nothing when his 
own salary became due. Of such stuff were some of the Vir- 
ginia colonial governors. "^^ 

But Culpeper 's many defects were not wholly unfortunate 
for the colony, for they rendered him unfit to carry out the 
designs of the King. His frequent absences from his govern- 
ment made it impossible for him to become thoroughly ac- 
quainted with conditions in the colony, or to bind the wealthy 
to him by a judicious use of the patronage. He was too weak, 
too careless to pursue a long continued attack upon the estab- 
lished privileges of the people. 

It boded ill, therefore, for Virginia, when he was removed, 
and a commission granted to Lord Howard. The new Goverru^ 
nor was well fitted for the task of oppression and coer^fon. 
Unscrupulous, deceitful, overbearing, resentful, persistent, he 
proved a dangerous foe to the representative institutions of 
the colony, and an able defender of royal prerogative. Had he 
not encountered throughout his entire administration, the 
united and determined resistance of the Burgesses, he might 
have overthrown all constitutional government. Well it was 
for Virginia that at this moment of imminent danger, the Bur- 

™P. R. O., COS-1376-2S7. 

" P. R. O., CO I -42-1 52; CO391 .2-276. 

" Beverlev. 



THE CRITICAL PERIOD 241 

gesses should have been so conscious of their duty and so 
resolute in executing it. They were still, as in most periods 
of colonial history, men of high social position, but they repre- 
sented, not their own class, but the entire colony. And they 
were ever watchful to guard the interests of the commons. 

Effingham took the oath of office in England, October 24, 
1683,'^^ and a few months later sailed for the colony.'^"' No 
sooner had he set foot in Virginia than the struggle with the 
Burgesses began. The session of Assembly of April, 1684, 
was filled with their bitter disputes. 

Consternation reigned in the House when Lord Howard 
produced an instruction from the King forbidding appeals from 
the inferior courts. to the Assembly.'^^ As early as October, 
1678, Colonel Francis Moryson had advised the Privy Council 
to abolish the judicial powers of the Assembly, claiming that 
they were the source of the great influence and "arrogancy" of 
that body.^^ Their Lordships did not awaken at once to the 
importance of this matter, but before long they became con- 
vinced that Moryson was right. Accordingly Lord Culpeper, 
in his commission of 1682, was directed to procure the imme- 
diate repeal of all laws "allowing appeals to the Assembly". "^^ 
But Culpeper, interested only in securing money from the Bur- 
gesses, failed to put this instruction into operation. "As to 
what concerns Appeals," he declared, "I have never once per- 
mitted any one to come to the Assembly, soe that the thing 
is in effect done. But having some thoughts of getting a 
Revenue Bill to pass, I was unwilling actually to repeal ye 
Laws relating thereunto till the next session of Assembly 

should be over, well knowing how infinitely it would trouble 
them."'^8 

But Effingham had no such scruples, and told the Burgesses 
plainly the commands he bore from the King.^^ The House, in 
great dismay, requested the Governor and the Council to join 
them in an address to his Majesty, imploring him to restore 
a privilege which had so long been enjoyed "according to ye 

'^P. R. O., CO5-1356-244, 245. '*P. R. O., COs-1356-248. 

"Jour. H. of B., 1684, pp. 22,, 24. '"P. R. O., CO1-42-138, 139. 

'^P. R. O., CO5-1356-S3. ''P. R. O., CO5-1356-142. 
"P. R. O., CO5-1356-226. 



242 VIRGINIA UNDER THE STUARTS 

Laws and antient Practice of the Country". ^*^ But Lord 
Howard replied coldly, "It is what I can in noe parte admitt 
of, his Majesty haveing been pleased by his Royal instruccons 
to direct & command that noe appeales be open to the General 
Assembly."^^ 

Nor did the Assembly ever regain this important power. 
As late as 1691 we find the agent of the Burgesses in England 
asking in vain for the restoration of the right of appeals.^^ 
j The change threw into the hands of the Governor and Council 
I extraordinary power over the judiciary of the colony. The 
county justices, who sat in the lower courts, were the appoin- 
tees of the Governor, and could not effectually resist his will. 
Moreover, as appeals lay from them to the General Court, 
they were powerless before the decisions of the superior tri- 
bunal. Thus the judiciary of the colony lost its only democratic 
feature. 

The Burgesses, undismayed by their defeat in this matter, at 
this same session entered a vigorous protest against the King's 
right to annul acts of Assembly. During Berkeley's admin- 
istration his Majesty had seldom exercised this power, but of 
late many acts had been repealed by proclamation without the 
consent or knowledge of the Assembly. This, the Burgesses 
claimed, was an unwarranted infringement upon the privi- 
leges granted them "by sundry Comissions, Letters and 
Instructions", that was most destructive of their cherished 
liberties and rights. And they demanded that henceforth 
their statutes should have the force of law until they had been 
"Repealed by the same Authority of Generall Assembly". ^^ 
But they received no encouragement from the Governor. 
What you ask, he told them, -"is soe great an entrenchment 
upon ye Royall authority that I cannot but wonder you would 
offer at it''.^^ 

Thereupon the House determined to appeal directly to the 
King, petitioning him not only to give up the right of repeal- 
ing laws by proclamation, but to permit the continuation of 
appeals to the Assembly. Since the Governor refused to 

""Jour. H. of B., 1684, p. 27. "Jour, H. of B., 1684, p. 42. 

'-Justice in Va., p. 25. "^Jour. H. of B., 1684, p. 114. 

^*Jour. H. of B., 1684, p. I5Q. 



THE CRITICAL PERIOD 243 

transmit their address to his Majesty, they forwarded copies 
to Secretary Jenkins by two of their own members- — Thomas 
Mihier and WilHam Sherwood.^'' 

This address received scant consideration from the King 
and the Privy Council. "Whereas," James II wrote Effing- 
ham in October, 1685, "it hath been represented unto us by 
our Committee for Trade and Plantations, that they have 
received from some unknown persons a paper entitled an 
address and supplication of the General Assembly of Vir- 
ginia . . . which you had refused to recommend as being 
unfit to be presented. . . . Wee cannot but approve of your 
proceedings. . . . And wee doe further direct you to dis- 
countenance such undue practices for the future as alsoe the 
Contrivers and Promoters thereof."^® For their activity in 
this matter Sherwood and Milner "in ye following year were 
both turned out of all imployments to their great damage and 
disgrace". ^'^ 

In the spring of 1685 Effingham received notification from 
the Privy Council of the death of Charles II and the accession 
of the Duke of York as James 11.^^ He replied a few days 
later, "I have, with the greatest solemnity this place is capable 
of proclaimed his Majesty King James II in all the consider- 
able places of this colony, where the great Acclamations and 
Prayers of the People gave a universal Testimony of their 
Obedience. "^^ Despite these outward manifestations of joy, 
the people were by no means pleased to have a Roman Catholic 
monarch upon the English throne. When news reached 
Virginia that the Duke of Monmouth was in open rebellion, and 
had gained important successes over his Majesty's forces, there 
was grave danger that the commons of the colony might 
espouse his cause.^*^ Many were so emboldened, wrote Effing- 
ham, "that their tongues ran at large and demonstrated the 
wickedness of their hearts, till I secured some and deterred 
others from spreading such false reports by my Proclama- 

^ P. R. O., CO5-1356-299, 301. " P. R. O., CO5-1357-5S. 

'''McD., Vol. VII, p. 88. «*P. R. O., COs-1356-316. 

'« P. R. O., CO5-13S6-328. 
" P. R. O., COs-1357-79, 80, 95, 96; Jour. H. of B., 1685, p. 49. 



244 VIRGINIA UNDER THE STUARTS 

tion".'*^ The defeat and execution of the Duke of Monmouth 
for a time ended all thought of resistance to the King. 

But Effingham found the people sullen and discontented and 
the Burgesses more stubborn than ever. The session of As- 
sembly of 1685 was, perhaps, the most stormy ever held in 
Virginia. The House made a strenuous and successful resis- 
tance to a vigorous attempt to deprive it of its control over 
taxation. In 1662, when the Assembly was dominated by Sir 
William Berkeley, an act had been passed empowering the 
Governor and Council to levy annually for three years a tax 
of not more than twenty pounds of tobacco per poll.'^- In 
1680 the Council had requested Lord Culpeper to represent to 
the King the disadvantages of leaving taxation entirely in the 
hands of the Assembly, hoping that his Majesty would by 
proclamation revive the law of 1662.^^ The greatest item 
of expense to the government, they argued, arose from the 
Assembly itself, "ye charge of which hath been too often 
found to be twice as much as would have satisfied all publiq 
dues".^"* The matter was presented to the consideration of 
the Burgesses in 1680, but was lost in the committee room.^^ 

The King and Privy Council, although they approved of the 
levy by the Governor and the Council, did not venture to 
grant them that power by royal proclamation. They in- 
structed Lord Howard, however, in his commission of 1683, 
to propose for passage in the Assembly a law similar to that 
of 1662.^'^ Accordingly, in 1684, Effingham placed the matter 
before the Burgesses and told them that it was the King's 
desire that they give their consent. But they ignored his 
message, and the Governor could not press the matter at that 
time. In the next session, however, he became more insistent. 
"I must remind you," he told the Burgesses, "of what was 
omitted in ye last Assembly . . . that a Law may passe 
whereby His Majesty's Governor with ye advice of ye Coun- 
cil may be empowered to lay a levy."''''' But the Burgesses 

'' P. R. O., C05-I3S7-80. 

''Hen., Vol. II, p. 24; P R. O., COs-1376-281. 

"^P. R. O., CO5-1376-281. 

"^P. R. O., COs-1376-281; COs-1356-ioi. 

'' P. R. O., CO5-1376-362. '" P. R. O., COs-1356-267. 

■" Jour. H. of B., 1685. 



THE CRITICAL PERIOD 245 

would not yield. "The House," they replied, ". . . do 
humbly signifye to your Excellency, that they can noe waies 
concede to or comply with that proposition, without apparent 
and signal violation of ye great trust with them reposed. "^^ 
And when Effingham urged them to reconsider their action, 
they passed a resolution unanimously refusing to relinquish 
this their greatest privilege. 

After the prorogation of the Assembly, Lord Howard wrote 
home his complaints against the stubborn Burgesses. "Your 
Lordships," he said, "will . . . find their total denyal that 
the Governor and Council should have any power to lay the 
least Levy to ease the necessity of soe frequent Assem- 
blys. . . . This was propounded by mee to them before his 
Majesty's Instructions came to my hand that I should, . . . 
but nothing would prevail nor I beleeve will, unless his Ma- 
jesty's special command therein. "^^ 

A long and acrimonious quarrel occurred over the quit-rents. 
Because of the lack of specie in the colony, it had always been 
necessary to collect this tax, when it was collected at all, in 
tobacco. In March, 1662, the Assembly had passed a law 
fixing the rate of payment at two pence a pound, which was 
then not far from the current price. But the decline in 
value of the commodity which had occurred since 1662, had 
resulted in a great diminution in the tax. 

In July, 1684, the King wrote Effingham that he had taken 
over all the rights of Arlington and Culpeper to the quit-rents, 
and announced it his intention to use them for the support of 
the Virginia government. He directed the Governor to secure 
the repeal of the law of 1662 and to forbid all payments in 
tobacco. "You must . . . impower," he wrote, "the Officers 
of our Revenue to collect (them) . . . according to ye reser- 
vation of 2s per every hundred acres ... to be paid in specie, 
that is in Mony."i<^^ 

As tobacco sold, in 1684, at a half penny a pound, this order, 
had it been put into operation, would have quadrupled the 
value of the quit-rents, and increased materially the burdens 

"Jour. H. of B., 1685. "P. R. O., CO5-1357-85. 

""P. R. O., COS- 1356-282. 



246 VIRGINIA UNDER THE STUARTS 

of the planters. The Burgesses, in alarm, petitioned the Gov- 
ernor to allow the old arrangement to continue, declaring that 
the lack of specie made it impossible to comply with the King's 
order. And they refused to repeal the law of March, 1662. 

Displeased at their obstinacy, the King, in August, 1686, 
nullified the law by proclamation. "Being now infomied," 
he declared, "that several persons goe about to impede our 
Service ... by imposing bad tobacco upon our collectors at 
the rate of 2d per lib, under pretence of an Act of Assembly 
of March 30, 1662, . . . Wee have thought fit to Repeal the 
said Act."^^^ 

Even then the Burgesses resisted. At the session of 1686 
they petitioned on behalf of all the freeholders of the colony 
that the quit-rents should be paid as formerly. To make pay- 
ment in specie, they declared, would not only be ruinous, but 
utterly impossible. ^^^ So angered were they and so deter- 
mined not to obey, that Effingham found it expedient to con- 
sent to a compromise. It was agreed that the tax should be 
collected in tobacco as before, but at the rate of one penny^^ 
per pound, which, as Effingham said, was not ad valorvtfa. 
Thus the only result of this long quarrel was to double the 
value of the quit-rents, and to add greatly to the burdens of the 
impoverished and discontented people. ^^^ 

Even more bitter was the contest over the so-called Bill of 
Ports. This measure was designed to remedy the scattered 
mode of living in Virginia, by appointing certain places as 
ports of landing and shipment, and confining to them all for- 
eign trade. Throughout the seventeenth century almost all 
shipping was done from private wharves. The country was so 
interspersed with rivers, inlets and creeks, deep enough to 
float the largest vessels, that ports were entirely unnecessary. 
Each planter dealt directly with the merchants, receiving Eng- 
lish manufactured goods almost at his front door, and lading 
the ships with tobacco from his own warehouse. This sys- 
tem, so natural and advantageous, seemed to the English 
Kings, and even to the colonists, a sign of unhealthful con- 

"^P. R. O., COs-1357-113. "'Jour. H. of B., 1686, p. 17. 

"'Jour. H. of B., 1686, p. 37. 



THE CRITICAL PERIOD 247 

ditions. More than once attempts had been made to force the 
people to build towns and to discontinue the desultory planta- 
tion trade. 

In 1679, Culpeper was ordered to propose a law in the As- 
sembly requiring the erection of towns on each great river, 
to which all foreign trade should be confined. Accordingly, 
in 1680, a Bill of Ports was passed. "Wee are now grown 
sensible," wrote Secretary Spencer, "that our present necessi- 
ties, and too much to be doubted future miseries, are much 
heightened by our wild and rambling way of living, therefore 
are desirous of cohabitation, in order whereunto in ye late 
Assembly an Act was made appointing a town in every 
County, where all Goods imported are to be landed, and all 
Goods exported to be shipt off. And if this takes effect, as 
its hoped it may, Virginia will then go forward which of late 
years hath made a retrograde motion. "^"^^ 

But this attempt ended in dismal failure. In 1681, when 
the shipmasters came to the appointed ports, they found that 
no shelter had been constructed for their goods. Thinking the 
law nullified, or not yet in operation, they traded as usual from 
private wharves. For this breach of the law, some of them 
were prosecuted in the colonial courts, to their own great loss 
and to the inconvenience of many of the planters. ^^^ Loud 
wrangling and bitter animosities resulted throughout the 
colony, and at length the Ring was compelled to suspend the 
law.i«« 

In the Assembly of 1685 it was proposed to enact another 
Bill of Ports. Accordingly an act was drafted in the House 
of Burgesses and, in due time, sent up for the approval of the 
Council. The upper house, after making several alterations, 
consented to the bill and returned it to the Burgesses. The 
latter agreed to most of the changes, but struck out a clause 
restricting the towns to two upon each river, and added an 
amendment permitting one port to a county.^"''' The Council 
in turn yielded, but inserted a new clause, "That there should 
bee ffees ascertained on Goods exported and imported for the 

"*P. R. O., CO5-1355-383. '°=P. R. O., CO5-1356-177. 

"*P. R. O., COS-13S6-4. '"'P. R. O., CO5-1407-310, 282. 



248 VIRGINIA UNDER THE STUARTS 

support of those Officers which should bee obhged to reside 
in those Ports". ^''^ As "there was noe room in ye margint to 
write ye alteration ... it was wrote in a piece of paper and 
affixt to ye Act".^*'^ When the bill came back to the House, 
Major Robert Beverley, who was again the clerk of the Assem- 
bly, acting it would seem upon his own initiative, tore off the 
paper containing this amendment. The bill then came before 
the House apparently assented to without change and was 
returned by them for the signature of the Governor and the 
Councillors. Neither Effingham nor any of the Council noticed 
the omission, and thinking their amendment had been accepted, 
signed the bill.^^^ Thereupon it was engrossed, and sent up 
for the final signature of the Governor. But Effingham in 
reading the engrossed copy, discovered the omission, and re- 
fused to affix his name to the bill, claiming that it "was not 
engrost as assented to" by him and the Council. ^^^ "To which," 
wrote the Governor, "they sent mee word that the Bill could 
admit of noe alteration or amendment after it was attested by 
the Clerk of the General Assembly as assented to, and that it 
had by that the force of a Law. ... I sent them word again 
that though any bill was assented to by mee and the Council, yet 
if I should afterwards perseive it would prove prejudicial . . . 
I had power to refuse the signing of it by vertue of His Ma- 
jesty's negative voice. . . . But all would not persuade them 
out of their obstinacy, nay tho' I offered to lay that Bill aside 
till His Majesty's pleasure should bee known therein; And to 
sign all the others. . . . But nothing would please them but 
Invading, if not destroying. His Majesty's Prerogative." The 
Burgesses declared that they did not contest the Governor's right 
to the veto, but contended that when once he signed a bill, "it 
could not faile of having ye force of a Law".^^^ Effingham, 
they complained, was claiming a "double negative Voice". So 
angry did they become that they refused to apportion the levy 
for defraying the public charges, and after many days of 
bitter contention the Governor was forced to prorogue them. 

^"'P. R. O., CO5-1357-89. '""P. R. O., CO5-1407-310. 

""P. R. O., COs-1357-89. "'P. R. O., CO5-1357-89. 

'"Jour. H. of B., 1685. 



THE CRITICAL PERIOD 249 

"I did not disolve them," he wrote the Privy Council, "for 
these reasons. Because if his Majesty shall think fitt to have 
them dissolved, it will bee soe great a rebuke to them, when 
done by his Majesty's special command, that I hope it will 
deter them for the future to bee soe obstinate and peevish. "^^^ 
Accordingly, in August, 1686, the King wrote the Governor, 
"Whereas, we have been informed of ye irregular and tumul- 
tuous proceedings of the House of Burgesses of Virginia, at 
their late meeting, the members thereof having . . . presumed 
so far as to raise contests touching ye power of ye Negative 
Voice . . . which wee cannot attribute to any other Cause 
then the disaffected & unquiet Dispositions of those Mem- 
bers. . . . Wee have thought fitt hereby as a mark of our 
displeasure ... to Charge . . . you forthwith to Dissolve the 
present Assembly."^^^ 

When this order reached Virginia the Assembly was again 
in session. "After I had passed the Acts," wrote Effingham, "I 
ordered His Majesty's Letter to bee publickly read to them, and 
then Dissolved them . . . and told them they were the first 
Assembly which had been soe dissolved and I hoped they 
would bee the last that should deserve it. I ordered copies of 
his Majesty's Letter to bee sent to the several County-Courts, 
that all the Inhabitants might know how displeasing such pro- 
ceedings were to his Majesty."^^^ "And now," he added, "the 
public debts being paid, ... I shall not for the future have 
soe frequent Assemblys."^^^ 

More damaging to the Burgesses than this rebuke was the 
loss of the right to elect their own clerk. "I was severely 
angry with their Clerk," declared Effingham, "that he durst 
omit ye least clause, especially soe material an one ... I sent 
to the Assembly to make him an example for it. But they 
rather maintained him."^^^ Some months later the King sent 
orders that Beverley be tried for defacing the records and that 
he be once more deprived of all offices. Probably because of 
his great popularity, Beverley was never brought to trial, but 

"*P. R. O., CO5-1357-93. "^P. R. O., COs-1357-119. 

"^P. R. O., CO5-1357-127. "'P. R. O., CO5-1357-133. 

"'P. R. O., CO5-1357-92; McD., Vol. VII, p. 222. 



250 VIRGINIA UNDER THE STUARTS 

he was forced to relinquish his lucrative governmental posts. ^^* 
In May, 1686, Nicholas Spencer wrote the Committee of 
Trade and Plantations, advocating the appointment of the 
clerk by the Governor. "I . . . beg leave to present," he 
said, "how necessary it is . . . that the clerk of the House . . . 
bee commissionated by his Majesty's Governour , . . and that 
his salary be appointed unto him out of his Majesty's revenue. 
This will take off his dependency on his great masters the 
House of Burgesses, and leave noe room for designed omis- 
sions."^^^ Nothing loath, the King, in August, 1686, wrote 
Lord Howard, "Wee . . . require you . . . upon the Con- 
vening of the Assembly to appoint a fit person to execute the 
Office of Clerk of the House of Burgesses, & not to permit 
upon any pretense whatsoever any other person to execute ye 
said Office but such as shall bee soe chosen by you."^^*' 

Accordingly, at the session of April, 1688, the Governor, 
with the approbation of the Council, appointed Captain Fran- 
cis Page as clerk of the House. ^-^ The Burgesses could but 
yield, but they told Effingham that the clerk was still their 
servant and ought to take the usual oath of secrecy. "I do 
declare," replied the Governor, "it was never my intention nor 
my desire that the Clerk should be as a spy upon your Actions 
and to declare to me your private Debates." It was therefore 
agreed that he should take the following oath : "You shall 
keep secret all private Debates of the said House of Bur- 
gesses."^^^ Despite this, it was quite evident that the House 
was no longer to be master of its own clerk, and that he was 
to be in the future, to some extent at least, an emissary of the 
enemy seated in their midst. 

The resolute and vigilant defense of the constitutional rights 
of Virginia made by the House in this the critical period of her 
history is deserving of the highest praise, because it was made 
in the face of vigorous personal attacks by Effingham upon the 
most active of the members. Every Burgess that voted against 
the measures proposed by the King or advocated by his Gov- 

"" Sains., Vol. XV, p. 30. • "' McD., Vol. VII, p. 229. 

^P. R. O., CO5-1357-119. '"Jour. H. of B., 1688, p. i. 

'='Jour. H. of B., 1688, p. 17. 



THE CRITICAL PERIOD 251 

ernor, exposed himself not only to removal from office, but 
to active persecution. As we have seen, Mr. William Sher- 
wood and Colonel Thomas Milner, for forwarding to the 
Privy Council the address of the Burgesses in 1684, had been 
dismissed from office.^-^ "In ye year 1686 Mr. Arthur Allen 
& Mr. John Smith, who were Burgesses in ye year 1685, were 
turned out of all imployment Civill & Military to Mr. Allen's 
great damage, he being a surveyor of land at that tyme."^^^ I 
have displaced Allen, wrote Effingham, because he was "a great 
promoter of those differences between mee and the Assembly 
concerning the King's negative Voice ... as not thinking it 
fitt that those who are peevishly opposite to his Majesty's in- 
terest should have any advantage by his favor". ^-^ "In the 
year 1688 Mr. William Anderson, a member of ye Assembly 
in that year was soon after the Assembly by the Governor's 
order and Command put in ye Common goale and there de- 
tained 7 months, without Tryal, though often prayed for, and 
several courts past in ye time of his imprisonment. Nor could 
he obtain ye benefit of habeas corpus upon his humble peti- 
tion. . . . Mr. Charles Scarburgh, a member of that As- 
sembly, alsoe was, soon after ye Assembly, turned out of all 
imployment and as a mark of his Lordship's displeasure, a 
command was sent to ye clerk of ye county to raze his name 
out of ye records as a Justice of Peace. "^-^ "From whence," it 
was declared, "the people conclude these severities are inflicted 
rather as a terrour to others than for any personall crimes of 
their owne, and is of such ruinous consequence that either the 
public or particular interests must fall, for if none oppose, 
the country must languish under the severity of the govern- 
ment, or fly into a mutiny to save themselves from starving. 
If any do appear more zealous in prosecuting the countries com- 
plaints they know what to expect. It being observable that 

^'^ Sains., Vol. IV, p. 254. ^ McD., Vol. VII, p. 26. 

^ McD., Vol. VII, p. 257. Some years later Effingham contradicted 
this statement. "They were not dismissed," he said, "from their imploy- 
ments upon account of their proceedings in ye Assembly, but being 
Justices of Peace they oppenly opposed the King's authority in naming 
sheriffs by his Governour alledging that office ought to go by succession." 

^='McD., Vol. VII, pp. 437-441. 



25-' VIKCINMA UNDI'U 'rill' SIUAR I'S 

none has been tliiis piuiislit hut th(.)sc who were i'orwiu\l in 
the asseinhh' to i)|)i)()se the eiieroachnieiits on the people, ami 
promote the et>iuphiiiit U> l'"n^huul. heiiis; out oi hope of relief 
on the place. "'-'^ 

( >ne is iiuliniHl to ask. when eonsitlerini;- the incessant quar- 
rels ot the ( lovernor aiul the Burj^esses, why Lord Howard was 
less successful than liovernor Berkeley had been in i^ainini;- an 
ascendency over the Assembly. During- the Restoration Period 
the Hurgesses had worked in entire harmony with Sir Wil- 
liam, even wdien he advocated the oppressive measures that 
were so inslrumental in bringing on l^acon's Rebellion, l^ning- 
hani, on the other hand, found himself continually embroiled 
with the Assemblymen, and unable ti> force them into sub- 
mission e\en witii lebnkes and persecutiiMi. 

The explanation must be sought partly in the different char- 
acters oi the two (loxernors. Rerkelev was an abler man 
than I .oril Howard, more tactful. nuMe capable of utilizing the 
\veai)iMis at hand, llis metlunl of overwhelming the legisla- 
tors with fa\ors was more elTective in winning their support 
than intimitlation and threats. Moreover. Sir William, him- 
self a N'irginian by his long residence in the colony, carried 
out only his owmi policies, anil by methods that did not Ojienly 
assail the charter rights of the people, l^ftingham. on the other 
hand, was the instrument o\ the iMiglish King and his d>un- 
cillors in an assault upon representati\-e government in the 
colony. It was but natural that all classes. e\en the wealthy 
planteis. should resist him with stnbbiMMi resolutiiMi. Nor was 
it possible for h'tVinghain to control, as Sir William had ilone. 
the electiiMis ol nmgesscs. The oj'ipositiiMi oi manv sheritfs. 
whose diitv it was to preside at the polls, to the administration, 
the greater vigilance oi the 1 bnise. and the independent spirit of 
the cininuons conspired to render the returns more accurate and 
the 1 louse more responsive to the will of the people. Finally. 
the \>oov planters foinid now. what they had lacked during the 
Restoration Teiiod, cultured and able men to represent them 
in the .AssemblN . Without the aggressive leadership of Major 
Robert rH>\erlev. Thomas Mihier. Colonel I'allard, and other 



iiih: cun-icAi, I'i'Kioi) 253 

proiiiiiuMil plaiiliMs, llic cause nl llic projilc iiii,i;Iil liavc lici'ii 
lost. 

I^vcn in llic ("oiiiu-il llu- roiiunoiis had out- staiuicli Iriciid — 
C'oloiicl Pliilii) Liulwcll. This restless man, who was uiiahlc to 
work in harmony with any (iovcrnor save Sir William Ber- 
keley, syni|>alhi/.e(l with his old friends of (he (ireen Spring 
faelion in their resisl.ance to I '"Hint; ham. As early as 1684 
he had aroused (he ( loveruoi's siispieicm hy ar^uiui; in ('ouncil 
"for the uuduliful Address whit-Ji was senl lo his Majesty",'-'* 
and duriu};- the sessions of id.Ss and i()<S() it was thon.i^ht that 
he was "an Instrument in Al)l>ettin<^ and foruientiuL; those 
l)is|)Utes & iLxeeptions the Asseuihiy soe insisle(l on".''-^" 

Soon after, the Clovernor's distrust was iieij^htened hy two 
aets of favor shown hy Faidwell to leaders of the opposition in 
the House of Burj^esses. VViien ordered to oust Major Allen 
from his surveyor's plaee, he t^ave it to "Major Swan, one 
altoj^elher as trouhlesom as the other ik that only for th(> use 
of Allen". Upon reeeivin.u;' infoiination that the Kini; had 
deelared Majoi" Beverley "nnca|)al)le of any public iniploy- 
ment . . . hee presently j^ives his Surveyor's place, the best 
in the C.'ountry to his Son".'-'" In the spring; (d' i()S() the 
(lovernor made one last alleinpl to win Lndvvell over fiom the 
people's cause. "I did," he wrote, "on the death of ( "olonel 
B)ri(l_L;'('r . . . L;ive him a collector's place, in hopes to have 
j^riined him hy it."'-" I'-nt Lndwc-Il, unalfected hy this at- 
tempted hrihery, eontinned his active opposition to the arbitrary 
and illej^al conduct of the (iovernor. At last, during" the ses- 
sion of Assembly of 1686, there occurrtd an open breach. 
"ITis Lordship flew into a j^reat raj^e and told . . . Ludwell 
he had formerly made remarks upon him, and that if he did 
not look the belter to himself he should shortly suspend him 
from the Council."'-'" h'aily in i(>Xy this threat was put into 
effect,'"'* an<l the li-oublesome Councillor was for the second 
lime deprived of his seat. I'.ul this persecution, which the 
people believed to he directed ai^ainst Ludwell for his support 

"'I'. K. ().. C:()5-i.iS7-'.V>. '"' COS- 1. 557- 1-7- 

""'I'. K". ()., (:()5-i3.S7-i2y. '"I'. K'. <)„ ( 05-, 357-130. 

""McD., Vol. VI r. pp. /i37-,|.|i. 

'""Saiii.s., Vol. iV. p. ^26; V. k. ()., ('()S-I3.S7-127. 



254 VIRGINIA UNDER THE STUARTS 

of their cause, brought him into great popularity throughout 
the colony and made him the acknowledged leader of the op- 
position to the administration. In the elections for the Assem- 
bly of 1688 he was chosen by the freeholders of James City 
county to represent them in the House of Burgesses. ^^^ Effing- 
ham, however, would not allow him to take his seat, producing 
a clause from his commission which forbade suspended Coun- 
cillors to become members of the Assembly. ^^^ Despite this 
exclusion, Ludwell could and did, by conferences with individ- 
ual members, influence the actions of the House and lead them 
in their fight against the Governor. 

The most important task that confronted the Burgesses when 
they assembled in 1 688 was to call the Governor to account for 
many burdensome fees which he had imposed upon the people 
by executive order. First in importance was "a fee of 200 
pounds of tobacco for the Seal affixed to Patents & other public 
instruments". ^^^ This the Burgesses considered a tax im- 
posed without the authority or consent of the Assembly, and 
consequently destructive of the most cherished rights of the 
people. Moreover, it had, they claimed, deterred many from 
using the seal and had greatly impeded the taking up of land. 
They also protested against a fee demanded by the "Master 
of the Escheat Office of £5 or looolbs tobacco", and to one of 
thirty pounds of tobacco required by the Secretary for record- 
ing surveys of land.^^''' "This House," they declared, "upon 
Examination of the many grievous Complaints . . . (have) 
been fully convinced and made sensible that many unlawful 
and unwarrantable fees and other dutyes have been, under 
colour of his Majesty's Royal authority, unjustly imposed . . . 
& that divers new unlawful, unpresidented & very burthensom 
and grievous wayes & devises have been of late made use of 
to the great impoverishing Vexing and utter undoeing of 
many of his Majesties Subjects of this his Dominion. "^^^ 

The Burgesses were also deeply concerned at an instance of 
the unwarrantable use of the royal prerogative. In 1680 an 

■ '" McD., Vol. VII, pp. 437-441 ; Jour. H. of B, 1688, p. 13. 
"''P. R. O., CO5-1355-313; Jour. H. of B., 1688, p. 29. 
''' P. R. O., COs-1357-218. '" Jour. H. of B., 1688, pp. 82, 83. 

^^'Jour. H. of B, 1688, pp. 82, 83. 



THE CRITICAL PERIOD 255 

act had been passed concerning attorneys. Two years later, 
before the act had received the royal assent, it had been re- 
pealed by the Assembly. Later the King, by proclamation, had 
made void the act of 1682, and the Governor had insisted that 
this revived the law of 1680. Against this, the Burgesses in 
1688 entered a vigorous protest. "A Law," they declared, 
"may as well Receive its beginning by proclamation as such 
revivall. . . . Some Governor may be sent to Govern us who 
under the pretense of the liberty he hath to construe preroga- 
tive and stretch it as far as he pleaseth may by proclamation 
Revive all the Lawes that for their great Inconveniences to the 
Country have been Repeal 'd through forty years since. "^^'^ 

The Burgesses drew up a long paper, setting forth their 
many grievances, with the intention of presenting it to the 
Governor. They first, however, requested the Council to join 
them in their demand for redress. This the Council with some 
sharpness, refused to do. We are apprehensive, they replied, 
that the grievances "proceed from petulent tempers of private 
persons and that which inclines us the rather so to take them 
is from the bitterness of the Expressions". ^"^^ Judging the 
Governor's temper from this reply of the Councillors, the 
Burgesses relinquished hope of redress from the executive and 
determined to petition the King himself. An humble address 
was drawn up, entrusted to Colonel Philip Ludwell and de- 
livered by him at Windsor, in September, 1688, into the hands 
of James IL Before it could be considered, however, William 
of Orange had landed in England and King James had been 
overthrown. ^■^^ 

In the meanwhile a crisis in Virginia had been approaching 
rapidly. The people felt that their religion, as well as their 
liberties, was menaced by the rule of James II. In 1685, the 
King had directed Effingham "to permit a Liberty of Con- 
science to all persons", that would "bee contented with a quiet 
and peaceable enjoyment of it, not giving offence or scan- 
dal".^^- The people of Virginia understood well enough that 
this order was dictated, not by considerations of liberality, but 

"'Jour, H. of B., 1688, p. 50. ""Jour. H. of B., 1688, p. 116. 

"' P. R. O., COs-1357-248. "^ P. R. O., COs-1357-38, 39. 



256 VIRGINIA UNDER THE STUARTS 

by James' determination to favor the Catholic church. The 
feeHng of uneasiness was increased when, in 1688, Effingham, 
declaring it no longer necessary for the Burgesses to take the 
oaths of allegiance and supremacy, admitted a Catholic to the 
Assembly. ^■^^ 

In October, 1688, James sent word to the Governor of the 
impending invasion of the Prince of Orange and commanded 
him to place Virginia in a posture of defense.^^^ Immediately 
the colony was thrown into the wildest excitement, and, for a 
time, it seemed probable that the people would attempt the 
expulsion of Effingham. "Unruly and unorderly spiritts," the" 
Governor afterwards testified, "laying hold of the motion of 
affairs, and that under the pretext of religion, . . . betook 
themselves to arms."^^^ Wild rumors spread through the 
colony that the Papists of Maiyland were conspiring with the 
Senecas to fall upon Virginia and cut off all Protestants in a 
new Saint Bartholomew's Eve.^^*' The frontiersmen along 
the upper courses of the Rappahannock and the Potomac 
"drawing themselves into parties upon their defense", were 
"ready to fly in the face of ye government. Soe that matters 
were . . . tending to a Rebellion." However, the news of 
William's easy victory and the flight of James restored quiet 
to the colony. On February the nineteenth, 1689, the Privy 
Council wrote the Governor that William and Mary had as- 
cended the throne of England, ^^''' and a few weeks later their 
Majesties were proclaimed at Jamestown with solemnity and 
thanksgiving.^**^ 

The Glorious Revolution was a victory for liberty even more 
important to Virginia than to England. It brought to an end 
those attacks of the English government upon the represen- 
tative institutions of the colony that had marked the past 
ten years. It confirmed to the people the rights that had 
been guaranteed them, through a long series of patents dating 
back as far as 1606, and rendered impossible for all time the 
illegal oppressions of such men as Harvey, Berkeley, Cul- 

"'Jour. H. of B., 1688, p. 8; McD., Vol. VII, pp. 437-441- 
""P. R. O., CO5-1357-229. '"McD., Vol. VII, p. 316. 

"'McD., Vol. VII, p. 316. "'P. R. O., CO5-1357-236. 

"'Sains., Vol. IV, p. 2J5. 



THE CRITICAL PERIOD 257 

peper and Effingham. Other Governors of despotic disposi- 
tion were yet to rule Virginia — Nicholson, Andros, Dunmore 
— but it was impossible for them to resort to the tyrannical 
methods of some of their predecessors. The English Revolu- 
tion had weakened permanently the control of the British 
government over the colony, and consequently the power of the 
Governor. 

The advance of liberalism which was so greatly accelerated 
both in England and in America by the events of 1688 was 
halted in the mother country in the middle of the eighteenth 
century. But Virginia and the other colonies were not greatly 
affected by the reaction upon the other side of the Atlantic. 
Here the power of. the people grew apace, encountering no 
serious check, until it came into conflict with the sullen Tory- 
ism of George III. Then it was that England sought to stifle 
the liberalism of the colonies, and revolution and independence 
resulted. 

The changed attitude of the Privy Council towards Vir- 
ginia was made immediately apparent by the careful consider- 
ation given the petition of the Burgesses. Had James re- 
mained upon the throne it is probable that it, like the address 
of 1684, would have been treated with neglect and scorn. But 
William received Ludwell graciously, listened to his plea "on 
behalf of the Commons of Virginia", and directed the Com- 
mittee of Trade and Plantations to investigate the matter and 
to see justice done.^^^ 

Effingham, who had been called to England upon private 
business, appeared before the Committee to defend his admin- 
istration and to refute Ludwell's charges. Despite his efforts, 
several articles of the petition were decided against him, and 
the most pressing grievances of the people redressed. The 
"Complaint touching the fee of 20olbs of tobacco and cask", it 
was reported, "imposed by my Lord Howard for affixing the 
Great Seal to Patents ... in regard it was not regularly 
imposed . . . the committee agree to move his Majesty the 
same be discontinued". ^^^ Similarly their Lordships declared 
in favor of abolishing the fee of thirty pounds of tobacco 

"' P. R. O., COs-1357-247, 248. ^'» Sains., Vol. IV, pp. 233, 234. 



258 VIRGINIA UNDER THE STUARTS 

required for registering surveys. The article touching the 
revival of repealed laws by proclamation was referred to the 
consideration of the Attorney-General and the Solicitor-Gen- 
eral. These officers gave it as their opinion that his Majesty 
did have the right, by repealing acts of repeal, to revive laws, 
but the committee agreed to move the King that the Act of 
Attorneys should be made void by proclamation. ^^^ 

This was a signal victory for the Burgesses, but Ludwell, 
who had personal scores to settle with the Governor, did not 
let matters drop here. After the lapse of several months he 
appeared once more before the Committee with charges 
against Effingham of misgovernment and oppression. ^^^ Re- 
ferring to the quarrel over the Bill of Ports, in 1685, he 
accused him of exercising "two negative voices". He com- 
plained bitterly of his attacks upon those Burgesses that had 
opposed him in the Assembly, and of his abuse of the power 
of suspending Councillors. The money arising from fort 
duties, he said, which had formerly been accounted for to the 
Assembly, had, during Effingham's administration, "been 
diverted to other uses". The Governor had established new 
courts of judicature contrary to the wishes of the people. 

These persistent attacks of Ludwell resulted in another vic- 
tory, for the Committee decided tliat Effingham should no 
longer rule the colony. He was not displaced as Governor- 
General, but he was commanded to remain in England, and to 
leave the control of the administration to a Lieutenant-Gov- 
ernor. This, doubtless, was not unsatisfactory to Lord 
Howard, for he retained a part of his salary and was relieved 
of all the work and responsibility of his office. The Lieutenant- 
Governorship was given to Captain Francis Nicholson. ^^^ 

Thus the colony emerged triumphant from the Critical 
Period. It is true the House of Burgesses had lost many privi- 
leges — the right to elect its own clerk, the right to receive 
judicial appeals, the right to control all revenues, — but they 
had retained within their grasp that all-important power — the 
levying of general taxes. And they had gained greatly in 

^" Sains., Vol. IV, p. 243. ''== Sains., Vol. IV, p. 246. 

^" Sains., Vol. IV, p. 254. 



THE CRITICAL PERIOD 259 

political experience. Long years of watchfulness, of resis- 
tance to encroachments upon their rights, had moulded them 
into a body that the most cunning executive could neither 
cajole nor intimidate. Unmindful of the anger of Governors, 
the rebukes of Kings, of personal loss, even of imprisonment, 
they had upheld the people's rights. And their descendants 
were to reap the reward of their faithfulness. The traditions 
of ability, probity and heroism established by the men of the 
Critical Period made possible that long and honorable career 
of the House of Burgesses and the important role it was to 
play in winning independence for America. 



INDEX 



Abigail, brings contagion, 46. 

Accomac, see also Eastern Shore, 80; 
Berkeley flees to, 171 ; expedition 
against, 176, 177; 182; 184; 186; 
195; 197. 

Adam and Eve, ship, captures Bacon, 
163; 177; 203. 

Adams, Peter, excepted from pardon, 
202. 

Admirall, ship, 128, 129. 

Allen, Arthur, 251, 253. 

AUerton, Isaac, 229; corrupt bargain 
of, 230. 

Anderson, William, 257. 

Annelectons, aid in Susquehannock 
defeat, 160. 

Apachisco, negotiates peace, 26. 

Appomatocks, expedition against, 52. 

Appomattox, river, 21. 

Archer, Gabriel, admitted to Council, 
tries to establish a parliament, 6; 
8; helps depose Smith, 10. 

Argoll, Samuel, 19; enforces laws, 23; 
captures Pocahontas, 25. 

Arlington, Earl of, grant to of Vir- 
ginia, 123, 124; yields his rights, 
125; 145; 245- 

Arnold, Anthony, excepted from par- 
don, 202 ; hanged, 204. 

Assembly, General, attempt to estab- 
lish, 6; early desire for, 8; de- 
scribes tyranny of Governors, 24; 
established, 1619, 2,6; convenes, 
2,7 ■ legislative powers of, 38 ; con- 
trol over taxation, 39; judicial 
functions of, 40; Council the up- 
per house of, 41; 42; describes 
Indian war, 51 ; supports Com- 
pany, 60; 61; saved, 62; restored, 
63; 64; Harvey usurps powers of, 
72; 73; refuses tobacco contract, 
74; 76; Council summons, 1636, 
77 ; elects West Governor, 78 ; 79 ; 
86; opposes revival of Company, 
88; 91; persecutes Puritans, 92; 
acknowledges Charles II, 95; de- 
fies Parliament, 98; surrenders, 
100; 102; Northampton petitions. 



104; 105; 106; 107; 108; contest 
in, 109; elects Berkeley Governor, 
no; Berkeley addresses, in; 
112; 115; encourages manufac- 
ture, 119; 122; protests to King, 
124; 125; 133; 134; Long As- 
sembly, 135; 136; 137; 138; 140; 
143; erects forts, 151, 152; hatred 
of, 153; Berkeley dissolves, 1676, 
158, 159; Bacon elected to. 162; 
163; Bacon threatens, 168; liberal 
laws of, 169, 170; Bacon sum- 
mons, 173; interrupted, 178; 204; 
supports Berkeley, 206, 207; pro- 
test of, 1677, 214; session of Oc- 
tober, 1677, 218, 219; session of 
1679, 222; rights of attacked, 226; 
session of 1682, 233 ; appeals to 
forbidden, 241, 242; petition of 
242, 243 ; quarrels with Effingham 
over, taxation, 244, 245, quit-rents., 
245, 246, veto power, 246, 247, 248, 
249, the clerk, 249, 250. 
Austin, Black, executed, 238. 

Bacon, Nathaniel, the rebel, 123 ; ac- 
cuses Burgesses, 133, 134; de- 
scribes abuses of the rich, 135; 
Berkeley jealous of, 144; 145; 
character of, 154; becomes leader 
of rebels, 155 ; prepares to attack 
Indians, 156; attacks Indians, 157; 
proclaimed a rebel, 158; pursues 
Susquehannocks, 159; visits Oc- 
caneeches, 160; battle with Oc- 
caneechees, 161, 162; elected 
Burgess, 162; captured, 163; par- 
doned, 164; flees from James- 
town, 165; seizes Jamestown, 166; 
demands commission, 167: new 
demands of, 168; secures liberal 
laws, 169, 170; prepares new In- 
dian expedition, 171 ; marches 
against Berkeley, 171 ; resolves to 
defy King, 172; forces oaths on 
prominent men, 173; attacks 
Pamunkeys, 174, 175 ; marches on 
Jamestown, 178, 179; repulses 



261 



262 



INDEX 



Berkeley's attack, 180; enters 
Jamestown, 181 ; burns James- 
town, 182; binds Gloucestermen, 
183, 184; death of in October, 
1676, 184; 186; 187; executive 
ability of, 190; 195; 196; 202; 
222. 

Bacon, Colonel Nathaniel, 108; cou- 
sin of the Rebel, 154; rebels at 
house of, 185 ; 189. 

Bacon's Rebellion, see Bacon, 114; 
121 ; interrupts Virginia charter, 
126; 127; 135; 136; 139; 144; 
outbreak of, 155 ; events of 155 
to 194; collapses, 190; anarchy 
of, 191 ; results of, 223. 

Bahama, Gulf of, fleet wrecked in, 9. 

Ballard, Thomas, takes Bacon's 
oaths, 173 ; excluded from Coun- 
cil, 216; 229; 252. 

Baltimore, Lord, (Cecilius Calvert) 
sends colonists to Maryland, 70; 
71; 72; 118; prohibits cessation 
in Maryland, 122; 123; 238. 

Baltimore, Lord, (George Calvert) 
colony of in Newfoundland, 68; 
secures Maryland patent, death 
of, 69. 

Barrow, James, injustice to, 198. 

Beale, Thomas, excepted from par- 
don, 203, 

Bennett, Richard, invites Puritan 
preachers, 92 ; Governor, 103 ; ap- 
peases Northampton, 105; Bur- 
gesses rebuke, 106. 

Berkeley, Lord John, 131; 201; 213; 
attacks King's commissioners, 

215. 

Berkeley, Sir William, 12; Governor, 
84; character of, 85; just rule of, 
86; equalizes taxes, 87; opposes 
Company, 88; conquers Indians, 
90; loyalty of to King, 91; per- 
secutes Puritans, 92 ; fears ass'as- 
sination, 94; speech of defying 
Parliament, 96, 97, 98; expedi- 
tion against, 99; surrenders, 100; 
terms with Parliament, loi ; 103; 
elected Governor, 1660, no; 
speech of, in ; accepts office, 112 ; 
letter of to Charles II, 113; 114; 
becomes changed, iiS; opposes 
Navigation Acts. 120; efforts for 
cessation, 122; Baltimore angers, 
123; fears mutiny, 126, 127; pre- 
pares to attack Dutch, 1667, 128, 



129; complains of freight rates, 
131; controls elections, 133; cor- 
rupts Burgesses, 134; retains 
Long Assembly, 135, 136; con- 
trols local government, 137, 138, 
139; evidence against partizan, 
143 ; views upon government, 
144, 145; sells arms to Indians, 
147; recalls army, 151; wants de- 
fensive war, 152; quarrels with 
Bacon, 154; refuses Bacon a com- 
mission, 156; pursues Bacon, 157; 
proclaims Bacon a rebel, 158; 
dissolves Long Assembly, 158, 
159; captures Bacon, 163; par- 
dons Bacon, 164; Bacon es- 
capes from, 165 ; Bacon seizes, 
166; grants commission, 167; 
yields to Bacon, 168; tries to 
raise forces, 170; flees to Ac- 
comac, 171; rebels attack, 174; 
captures rebel fleet, 176, 177 ; 
captures Jamestown, 178; Bacon 
marches on, 179; repulsed, 180; 
flees, 181 ; sails for Accomac, 182; 
controls navy, 185 ; raids of on 
Western Shore, 186; expedition 
of to York River, 187, 188, 189 
190; offers Ingram pardon, 191 
rebels surrender to, 191, 192: 
Charles II blames, 195 ; recalled 
196; illegal seizures of, 197, 198 
angry at commissioners, 199, 200: 
refuses to leave, 201 ; proclama- 
tion of, 202, 203 ; continues ex- 
ecutions, 203, 204; controls As- 
sembly, 205, 206; dread of, 207; 
Jeffreys' proclamation angers, 
209, 210; death of, 211; com- 
pared with Effingham, 252. 

Berkeley, Lady, letter of to Moryson, 
204; 208; 210; 220. 

Bermuda Hundred, Dale founds, 21 ; 
116. 

Bermudas, Sea Adventure wrecked 
in, 9. 

Berry, John, King's commissioner, 
196; arrives, 199; 200; insulted, 
208; returns to England, 215; in- 
fluence of, 215, 216, 217. 

Beverley, Robert, captures Hansford, 
156; invades Gloucester, 187, 
188; journals taken from, 213, 
214; dismissed from office, 216; 
217; 220; continued as Clerk of 
Assembly, 221 ; prosecution of, 



INDEX 



263 



235, 236, 237 ; alters bill, 248 ; 
Effingham censures, 249 ; 252 ; 
253. 

Black George, Harveys sails in, 79. 

Bland, Gyles, complains of poll tax, 
139; leads rebel fleet, 174; 176; 
captured, 177; 183; excepted 
from pardon, 202 ; executed, 203. 

Bland, John, attacks Navigation Acts, 
119. 

Blayton, Thomas, excepted from par- 
don, 202. 

Bowler, Thomas, excepted from par- 
don, 203. 

Bray, Colonel, excluded from Coun- 
cil, 216; 220. 

Brent, Gyles, pursues Indians, 146, 
147; 149; joins Pamunkey expe- 
dition, 174; marches against 
Bacon, 182; his forces flee, 183. 

Brick House, rebel forces at, 193. 

Brisifll, conferences on board of, 200. 

Bristow, Major, 188, 189. 

Buck, Rev., preaches at Jamestovi^n, 
17; prayer of, 27. 

Burgesses, in first Assembly, 36; how 
distributed in 1619, 2,7 \ 39; 4o; 
41 ; coerced by Governor, 42 ; 
sympathize with Company, 60; 
defy Charles I, 62,; 64; 74; ex- 
empted from arrest, 87; 100; su- 
preame power in Virginia, 1652, 
102 ; 103 ; 104 ; 105 ; contest 
with Council, 106; dismiss Gov- 
ernor, 107; 108; 109; reassert 
power, 1660, no; 114; Berkeley 
controls elections of, 133; 
Berkeley corrupts, 134, 135; 
136; 137; 145; Bacon elected 
to, 162; Bacon threatens, 168; 
frauds in elections of, 205, 206; 
records of seized, 213, 214; pro- 
test of, 214; electoral frauds, 
218; elections of in 1679, 222; 
become more representative of 
the people, 224; oppose revenue 
bill, 229, 230, 231 ; struggle of 
with Effingham over, taxation, 
244, 245 ; quit-rents, 245, 246 ; 
veto power, 246 to 249, clerk, 
249, 250. 

Butler, Nathaniel, describes mortality 
in Virginia, 12 ; attacks London 
Company, 56. 

Byrd, William, 229. 



Calvert, Cecilius, see Lord Baltimore. 

Calvert, George, see Lord Baltimore. 

Calvert, Leonard, Governor of Mary- 
land, 70; war with Claiborne, 71. 

Carter, John, 229. 

Carver, William, commands rebel 
fleet, 174; visits Berkeley, 176; 
captured and hanged, 177; 183; 
222. 

Causie, beats oflf Indians, 49. 

Cessation, of tobacco planting, at- 
tempts to secure, 121, 122, 123; 
asked, 1682, 232; Burgesses eager 
for, 233; 238; 239. 

Chanco, reveals Indian plot, 48. 

Charles I, 42; his plans for Virginia, 
62 ; calls Assembly, 1627, 63 ; 65 ; 
66; grants Maryland charter, 69, 
70; asks tobacco contract, 74; an- 
gered at Virginians, 78; restores 
Harvey, 79; 80; forgets Harvey 
case, 82; 85; Virginians' loyalty 
pleases, 88; 90; 94; executed, 95;: 
97; 102; III. 

Charles II, 40; 85; proclaimed King'^ 
1649, 89; Virginians cling to, 98; 
loi ; no; reappoints Berkeley, 
113; oppresses Virginia, 115; ap- 
proves Navigation Acts, 117; 
119; 120; forbids cessation, 121; 
blind to disafifection in Virginia, 
123 ; makes Arlington-Culpeper 
grant, 124; grants new Virginia 
patent, 126; 140; Bacon's Rebel- 
lion alarms, 195; sends commis- 
sion to Virginia, 196; 199; 200; 
anger of at Berkeley, 210; 211; 
angry at Assembly, 214, 215 ; 
224; 225; 226; 227 \ death of, 
243. 

Charles City, county, complains of 
Berkeley, 136 ; charges of cor- 
ruption in, 138; 142; petition 
from, 153 ; people of take arms, 
154; electoral frauds in, 205; 216. 

Charters : — the royal charter of 1606, 
2; 31; provisions of, 34; 57: the 
royal charter of 1609, Sandys 
draws up, 8: Governors disre- 
gard, 24 ; 31 ; gives Company con- 
trol of colony, 35 : the popular 
charter of 1612, 35; 54; James I 
attacks, 56, 57 ; revoked, 59, 60 : 
the proposed charter of 1621, 54: 
Maryland charter, Baltimore se- 



264 



INDEX 



cures, 69: new Virginia charter, 
124, 125. 

Cheesman, Major, captured, 186; 
death of, 187. 

Chesapeake Bay, first fleet enters, i ; 
3; Capt. Smith explores, 7; 70; 
naval war in, 71 ; Dutch fleet en- 
ters, 1667, 128; battle with Dutch 
in, 1672, 129, 130; 146; 171. 

Chicheley, Sir Henry, commands In- 
dian forces, 1676, 151 ; acting 
Governor, 1678, 221 ; holds fair 
election, 222; 230; defies Bur- 
gesses, 233, 234; 235; 236; 237; 
238. 

Chickahominies, peace with, 26; ex- 
pedition against, 52. 

Chiles, Colonel, 106. 

Claiborne, William, in England, 69; 
makes war on Maryland, 71 ; 107. 

Clovell, killed by Indians, 14. 

Cockatrice, Marylanders capture, 71. 

Commissions : — commission to inves- 
tigate Company, 56 ; unfavorable 
report, 57 : commission in Vir- 
ginia, 1624, 60; 61: 64: Mande- 
ville commission, for Virginia 
affairs, 61; abolished, 62: Parlia- 
mentary commission, to reduce 
Virginia, 99; secures surrender, 
100; grants favorable terms, loi ; 
establishes new government, 102; 
taxes Northampton, 104 ; 105 : 
Kings commission of 1676-1677, 
to receive Virginia grievances, 
121, 122; 127; thinks poll tax un- 
just, 139; 142; hostile to Berke- 
ley, 143; 144; 177; 184; appoint- 
ment of, 196; Berkeley angry at, 
199, 200; conference of with 
Berkeley, 200, 201 ; wants King's 
pardon published, 202; Assembly 
snubs, 206; leads opposition 
party, 207 ; insulted, 208 ; reports 
Berkeley's disobedience, 210; re- 
ceives grievances, 212, 213; 
seizes journals, 213, 214; report 
of, 215: Virginia commission to 
Maryland, to secure cessation, 
122. 

Commonwealth of England, 85; 86; 
defied by Berkeley, 96; sends 
expedition to Virginia, 99; Vir- 
ginia surrenders to, 100; 103. 



Commonwealth Period, 42; govern- 
ment of Virginia during, 102; 
no; ended, 114; 115; 116. 

Commons of Virginia, see Middle 
Class. 

Conway, Captain, Dutch take shallop 
of, 127, 128. 

Council, resident in England, King 
appoints, 2; warning of, 10; de- 
termination of, 31 ; 34. 

Council of State, of Commonwealth, 
95; warns Berkeley, 96; sends 
expedition to Virginia, 99; 100; 
102; 103; letter from, 108. 

Council of Virginia; 1606-1610, great 
powers of, 2; selections for, 3; 
discord in, 3, 4; disruption of, 4; 
deposes Wingfield, 4, 5 ; tyranny 
of, 5; reduced to two, 7; abol- 
ished, 8; acts to depose Smith, 
10; 34; 1610-1619, an advisory 
body, 17; 1619-1689, part of As- 
sembly, 36; 37; 39; powers of, 41 ; 
Indians kill six of, 50; sympa- 
thizes with Company, 60; pun- 
ishes Sharpless, 61 ; 62 ; 63 ; 64 ; 
Harvey wishes to restrain, 65 ; 
quarrels with Harvey, 67, 68; 
gets rid of Baltimore, 69; 70; 
hostile to Maryland, 71 ; 72 ; 
threatens Harvey, T},', 74', 75', ar- 
rests Harvey, 76; expels Harvey, 
77; revised, 80; 86; 87; 93; 100; 
agreement of with Common- 
wealth, loi ; elected by Burgesses, 
1652, 102; 105; contest with Bur- 
gesses, 106; Burgesses dismiss, 
107; seeks lost power, 108; as- 
sumes authority, 109; 129; sub- 
mission of to Berkeley, 133; 137; 
praises Berkeley, 143, 144; Ba- 
con appointed to, 164 ; Bacon 
coerces, 168; 169; 200; 201; 217; 
220 ; 228 ; 229 ; prosecutes Bever- 
ley, 235, 236, 237 ; quarrel of over 
Bill of Ports, 247, 248, 249. 
Courts, Council sits as a court, 34; 
35 ; Assembly acts as a court, 
40; 41; Governor's misuse 
of, 66 ; 78 ; 79 ; Harvey master 
of, 80; 81; Berkeley does not 
abuse, 86; 133; local courts, 137; 
Berkeley controls, 138; judicial 
functions of Assembly abolished, 
241, 242. 



INDEX 



265 



Coventry, Secretary, 207 ; letter of to 
Berkeley, 210, 211; protects 
King's commissioners, 215; 221; 
225. 

Crimson, Abraham, captures tobacco 
fleet, 127, 128, 129. 

Cromwell, Oliver, 102; neglects Vir- 
ginia, 103; 107; death of, 108. 

Cromwell, Richard, Lord Protector, 
108; resigns, 109. 

Culpeper, Thomas Lord, grant to of 
Virginia, 123, 124; yields his 
rights, 125; 145; Governor, 1677, 
212; 219; 220; 222; instructions 
to, 226, 227; arrives in Virginia, 
228; insists on revenue bill, 229, 
230, 231 ; warned, 232; hastens to 
Virginia, 237; prosecutes plant- 
cutters, 2Z7, 238; deposed, 239; 
character of, 239, 240; 241; 244; 

24s ; 247. 

Curls of the River, 24. 

Dale, Sir Thomas, Deputy-Governor, 
161 1, 19; founds Henrico, 19, 21; 
secures corn ciop, 22; educates 
Pocahontas, 25 ; returns to Eng- 
land. 27; 35; T,^. 

Davies, Somerset, 238. 

Da la Warr, Thomas Lord, first Gov- 
ernor, 8; 11; prevents desertion 
of Virginia, 16; assumes govern- 
ment, 17; restores prosperity, 17, 
18; becomes ill, 18, 19; 22; 23; 
^rings new constitution, dies at 
/ sea, 1618, 35 ; 64. 

Denis, Robert, commands fleet to 
Virginia, 99. 

Devil's Island, colonists wrecked on, 
10; 16; 22. 

DeVries, describes sickness, 12. 

Digges, Edward, Governor, 106. 

Discovery, sails for Virginia, i, il. 

Doeg, Indians, 146, 147. 

Drew, Colonel, rebel leader, 185. 

Drummond, William, Bacon visits, 
163; Berkeley excepts from par- 
don, 178; 182; 190; captured, 193; 
executed, 194. 

Duke of York, ship, 236. 

Dutch, 85 ; take Virginia tobacco, 96, 
98; 100; on the Eastern Shore, 
104; ids; 114; 115; contest car- 
rying trade, 116; cut off from 
tobacco trade, 117; 118; 119; cap- 
ture tobacco fleet, 1667, 127, 128, 



129; battle with in Chesapeake 
Bay, 1672, 129, 130; 131; 132; 
142; 145; 172. 
Dysentery, epidemic of in Virginia, 
11; is; De la Warr suffers from 
19; Bacon dies of, 184. 

Earleton, Stephen, excepted from par- 
don, 202. 

Eastern Shore, see also Accomac, ill 
affected, 103; grievances of, 104; 
disorders of suppressed, 105; 
Berkeley flees to, 171 ; expedition 
against, 174, 176, 177; Berkeley 
returns to, 182; 184; 186; 197; 
236. 

Effingham, Lord Howard, Governor, 
239; character of, 240; forbids 
appeals to Assembly, 241, 242; 
proclaims James II, 243; quar- 
rels with Burgesses over, taxa- 
tion, 244, 24s, quit-rents, 245, 
246, veto power, 246, 247, 248, 
249, their clerk, 249, 250; op- 
pressions of, 251, 252; quarrels 
with Ludwell, 253, 254; Burgess- 
es complain of, 254, 255 ; prevents 
riots, 256; 257; overthrow of, 
258. 

Elizabeth, frigate, captured by Dutch, 
127, 128, 129. 

Elizabeth, river, merchantmen es- 
cape into, 1667, 128. 

Elizabeth City, 66; 67; temporary 
capital, 80. 

English Church, desire to extend, 31 ; 
to convert Indians, 44; 48; large 
planters adhere to, 91. 

English Revolution, 40; 42; a victory 
for Virginia, 256, 257. 

Epidemics, see Sickness. 

Fairfax, Thomas, 196. 

Famines, frequent, 2; Indians and 
epidemics cause, 14; misery of 
described, 15; eliminated on upper 
James, 23; English bring on In- 
dians, 31, 52. 

Farrar, William, 76. 

Farrar's Island, see Henrico. 

Farrill, Hubert, Bacon entrusted to, 
163; attacks Bacon's House, 189; 
killed, 190. 

Fees, limited, 87. 

First Supply, Newport brings, 6. 

Fitzhugh, William, 229. 



266 



INDEX 



Gardner, Captain, fights Dutch, 130; 
captures Bacon, 163. 

Gates, Sir Thomas, first Lieutenant- 
Governor, 8; wrecked in Ber- 
mudas, 9; 10; ends first royal 
government, 10; to abandon Vir- 
ginia, 16; returns, Councillor, 17; 
19; again in Virginia, 21; posts 
laws, 1610, 22; 27; 35. 

George, takes tobacco to England, 28. 

Gloucester, county, Berkeley active 
in, 170; 171; Bacon in, 182; Ba- 
con coerces, 183, 184; Bacon dies 
in, 184; 185; military movements 
in, 187, 188, 189; 190; 207; plant- 
cutting in, 234, 235 ; 237 ; 238. 

Goodrich, Thomas, excepted from 
pardon, 202. 

Goodspecd, sails for Virginia, i; 11. 

Gosnold, Bartholomew, made Coun- 
cillor, 3; death of, 4. 

Grantham, Captain, envoy to Ingram, 
191 ; secures surrender of rebels, 
192. 

Green Spring, 159; 182; rebels at, 
185; 200; Assembly at, 205; 208; 
213; 218. 

Green Spring faction, 217; controls 
elections, 218; 219; activity of, 
220; Culpeper supports, 228; 
pleads for Ludwell, 229; 253. 

Grindon, Sara, excepted from pardon, 
203. 

Hamor, Ralph, 26; 49. 

Hamor, Thomas, 49. 

Hansford, Colonel, rebel leader, 185 ; 
captured and hanged, 186. 

Harrison, Benjamin, 229. 

Harrison, Thomas, becomes a Puri- 
tan, 92; expelled from his parish, 
93; 95; 96. 

Harvey, John, describes Indian war, 
52, commissioner to Virginia, 60; 
Governor, 64; attacks Pott, 65; 
66; quarrels with Council, 67; 
wants greater power, 68; aids 
Marylanders, 70; arbitrary rule 
of, 72; 72)', seizes a servant, y:^; 
detains letter to King, 74; ar- 
rests rioters, 75; Council arrests, 
76; expelled from Virginia, 7y; 
in England, 78; reinstated, 79; 
tyranny of, 80; seizes Matthews' 
estate, 81 ; attacked in England, 



82; removed, 83; prosecuted, 84; 
85; 86. 

Harwood, Thomas, envoy to Eng- 
land, 1636, 78; 79. 

Henrico, county. Bacon resides in, 
154; Berkeley in, 159; Bacon 
Burgess from, 162; Bacon flees 
to, 165; 174, 178. 

Henrico, plantation. Dale founds, 19, 
21 ; 22; 24; 43; college of, 44. 

Hill, Edward, deprived of office, 216; 
220. 

Holden, Robert, excepted from par- 
don, 202. 

Holland, see Dutch. 

Hopton, Lord, 124. 

Indians, a menace, 2; attack James- 
town, 13; destroy corn, 14; 15; 
16; war with continues, 18; Dale 
seeks stronghold against, 19; 
driven from Bermuda Hundred, 
21; peace with, 25; 26; 27; de- 
stroy iron works, 43 ; college for, 
44; friendship of, 47; plan mas- 
sacre, 48; massacre of 1622, 49; 
50; war with, 50 to 54; 56; long 
peace with, 88; massacre of 1644, 
89; make peace, 90; 91; con- 
spiracy of rumored, 104; 122; 
raid of, 1675, 146; war with, 147, 
149, 150, 152; kill Bacon's over- 
seer, 155; Bacon prepares to at- 
tack, 156; war with, 157 to 162; 
167; again on war path, 170, 
Bacon again attacks, 175 to 176; 
178. 

Ingram, General, election of, 184; 
disposes rebel forces, 185 ; cap- 
tures Pate's House, 188; rebel 
army surrenders to, 189; his lack 
of executive ability, 190; his sur- 
render, 191; 193; 206. 

Isle of Wight, county, 136; com- 
plaints from, 138; 140; 143; sub- 
dued, 190; 207. 

Isles, John, executed, 203. 

James, ship, 231. 

James I, 2; 6; grants charter of 
1609: 8; wants American empire, 
29; interest in Virginia, 30; op- 
poses liberal government, 32; 
grants charters, 34; restricts to- 
bacco, 45 ; angry at Company, 54 ; 
ultimatum, 55 ; investigates Com- 



INDEX 



267 



pany, 56; offers new compromise, 
57, 58; overthrows Company, 59; 
death of, 61 ; 64; 65. 

James II, 40; 42; 224; accession of, 
243; 244; 246; rebukes Assembly, 
249; deposed, 255; 256. 

James City, county, 107 ; complains of 
forts, 142; 218; 254. 

James, river, first fleet enters, i ; 7 ; 
21; 43; 47; 79; 85; 89; 90; 98; 
99; 100; 120; battle with Dutch 
in, 127, 128, 129; 130; forts on, 
141; 142; 153; Berkeley at falls 
of, 157; Bacon descends, 163; 
171; 174; Berkeley in, 181, 182; 
185; rebels defeated on, 190; 199; 
English fleet in, 200. 

James, Thomas, preaches in Virginia, 
92. 

Jamestown, founded, i ; fleet arrives 
at T909, 9; 10; site objected to, 
11; Indians attack, 13; 14; Gates 
finds ruined, 16; 18; Dale 
reaches, 19; 21; 22; tobacco in 
streets of, 24; 25; 31; first As- 
sembly at, S7', 48; 53; 63; Balti- 
more visits, 69; 77; 80; 90; de- 
fended by Berkeley, 100; 104: 
no; 122; 130; houses built at 
140; fort at, 141; Bacon visits 
163; 164; Bacon flees from, 165: 
Bacon seizes, 166 ; Bacon at, 167 
168; 177; Berkeley captures, 178 
Bacon besieges, 179, 180; Bacon 
captures, 181 ; Bacon burns, 18. 
233; 238. 

Japazaws, Indian king, 25. 

Jeffreys, Herbert, 137; 144; Lieuten- 
ant-Governor, 196; leaves for 
Virginia, 197; 199; arrives, 200; 
yields to Berkeley, 201 ; 207 ; in- 
sulted, 208 ; proclamation of, 209 ; 
210; 21 r; 214; opposition to, 216; 
illness of, 217, 218; prosecutes 
Ludwell, 219; again ill, 220; 
death of, 221 ; 223 ; 229. 

Jenkins, Sir Lionel, 225; 238; 243. 

Jennings, John, excepted from par- 
don, 202. 

Jones, William, approves new Vir- 
ginia charter, 126. 

Jones, Robert, excepted from pardon, 
202 ; Moryson pleads for, 203 ; 
pardoned, 204. 

Judiciary, see Courts. 



Kecoughtan, 90. 

Kemp, Matthew, 229; 234; 235. 

Kemp, Richard, given in.advertently 
as Matthezv Kemp on page 22 
pillages Matthews' estate, 81 
quarrel of with Panton, 82 ; 83 
prosecuted, 84. 

Kendall, George, Councillor, 3 ; ex- 
pelled from Council, 4; tried for 
mutiny, shot, 5. 

Kent Island, Claiborne settles, 71 ; 
72; 73- 

Knight, John, 145. 

Knowles, John, Puritan minister, 92. 

Larrimore, Captain, Bacon seizes 
ship of, 174; plots to aid Berke- 
ley, 176 ; aids in capture of rebels, 
177; 211. 

Law, 23 ; the Divine, Moral and Mar- 
tial laws, 23; cruelty of, 23, 24; 
38; against seizing servants, 73; 
against Puritans, 92; laws to en- 
courage manufacture, 119; 140; 
Bacon's Laws, 169, 170; laws of 
1679, 222; Culpeper passes three 
laws, 229, 230, 231. 

Lawrence, Henry, letter of to Vir- 
ginia, 108; 109. 

Lawrence, Richard, Bacon visits, 163 
flees from Jamestown, 178; 182 
disposes of Bacon's body, 184 
190; 192; flight of, 193, 194; ex- 
cepted from pardon, 202; feared, 

Lightfoot, Philip, takes Bacon's 
oaths, 173. 

London Company, 2 ; 3 ; 6 ; 7 ; secures 
charter of 1609, 8; 15; 17; sends 
Dale, 19; 22; 24; takes tobacco, 
28; 29; aids Pilgrims, 30; mo- 
tives of, 31 ; England supports, 
32 ; liberalism in, 32; 35 ; 36 ; 38 ; 
42; sends more settlers, 43; to- 
bacco restrictions injure, 45; 46; 
massacre of 1622 discourages, 50; 
King hostile to, 54; 55; investi- 
gated, 56; 57; rejects King's 
compromise, 58; charters of re- 
voked, 59; 60; 62; plan to re- 
vive, 83 ; 87; 120; 124. 

Lower Norfolk, county, 121 ; taxa- 
tion in, 138. 

Loyd, Edward, imprisoned by Berke- 
ley, 198. 

Ludwell, Philip, captures rebel fleet, 



268 



INDEX 



177; 189; excluded from Council, 
216; 217; Jeffreys prosecutes, 
219; convicted, 220; restored to 
Council, 229; quarrels with Ef- 
fingham, 253 ; success of in Eng- 
land, 257, 258. 

Ludwell, Thomas, 86; 131; 132; 136; 
141 ; 220. 

Lynhaven Bay, 129. 

Magna Charta, of Virginia, Yeardley 
brings, 35 ; government estab- 
lished under, 36; 38; 61; 64. 

Malaria, epidemic of in Virginia, 11; 
15. 

Mannakins, 160. 

Martin, John, Councillor, 3 ; helps 
depose Wingfield, 4, y, 6; 10; 
his Burgesses not admitted, 38. 

Martin's Hundred, 37; 38. 

Mary, Queen, 256. 

Maryland, 68; 69; founded, 70; war 
of with Claiborne, 71; 72; 77 
79; 116; agrees to cessation, 122 
123; 127; fleet of saved, 130 
146 ; 147 ; Indian war in, 149, 150 
238. 

Mason, Colonel, 146; 147; 149. 

Massacres: of 1622, 47; 48; details 
of, 49, 50; 88; 89; of 1644, 89; 
details of, 89; 92; 147. 

Mathews, Thomas, 202. 

Matthews, Samuel, commissioner, 
1624, 60; Harvey favors, 65; 
leads Council, 68; complains of 
Maryland, 72 ; threatens Harvey, 
7S; 74; arrests Harvey, 76; helps 
expel Harvey, 77 ; accused of 
treason, 79; expelled from Coun- 
cil, 80; estate of seized, 81; 82; 
83; restored to Council, 86; 
Governor, 106; deposed but re- 
elected, 107; 108; death of, 109. 

Mattapony, river, 185. 

Middle class, 92; formation of, 93; 
freedmen recruit, 94;' 102; 131. 

Middlesex, county, 171; 185; 187; 
rises for Berkeley, 188; 190; 235; 
236; 237. 

Milner, Thomas, 173; 243; 251; 252. 

Minifie, George, arrests Harvey, 76; 
77', 79', restored to Council, 86. 

Molina, 12; testifies to cruelty, 23. 

Monmouth, Duke of, 243; 244. 

Mortality, see sickness. 

Moryson, Francis, King's commis- 



sioner, 196; 199; 200; intercedes 

for Jones, 203; 204; insulted, 208; 

215; influence of, 215; 216; 217; 

241. 
Nansemond, county, 95; 129; 130; 

142; 143; 207. 
Nansemonds, 52; 146. 
Navigation Acts, 103; 104; 114; act 

of 1651, 116; act of 1660, 117; 

effect of on Virginia, 118; Berke- 
ley protests against, 120; act of 

1672, 121; 123; 127; 172; 222. 
Xecotowance, 90. 
New Kent, county, 156; 178; 193; 

23s. 
Newport, Christopher, i ; Councillor, 

3; 4; 5; 6; 11; saves Smith, 6; 

brings Second Supply, 7 ; 8 ; 

Vice-Admiral, 8; 9; 11; 17. 
Nicholson, Francis, 257 ; Governor, 

258. 
Northampton, county, 103; 104; 105; 

236. 
North Carolina, efforts for cessation 

in, 121 ; 122; 123. 
Northern Neck, grant of, 124; 125; 

126. 
Notley, Governor Thomas, 137. 
Nottoways, 146. 

Occaneechees, 159; 160; defeat of, 

161, 162; 174. 
Opechancanough, plans massacre of 

1622, 48; 52; 53; 89; death of, 

90; 147. 

Pace, Richard, given by typographi- 
cal error as Race in text, 48. 

Page, Francis, 250. 

Page, John, 229. 

Pamunkey, river, 185. 

Pamaunkeys, victory over, 1624, 53 ; 
•146; 151; 156; 157; Bacon de- 
feats, 174. 175; 1/8. 

Panton, Anthony, trial of, 82; 83; 
84; 85. 

Parke, Daniel, 218; 219. 

Parliament, 32; 33; 34; protects mer- 
chants, 39 ; 42 ; 54 ; Company ap- 
peals to, 58; 87; 91; sympathy 
with in Virginia, 92, 93, 94 ; 95 ; 
blockades Virginia, 96; 98; sends 
fleet against Virginia, 99; Vir- 
ginia surrenders to, loi ; passes 
Navigation Acts, 116; 120; 121. 

Patents, see charters. 



INDEX 



269 



Pate's House, Bacon dies at, 184; 
Ingram captures, 1S8. 

Peninsula, the, between the James 
and the York, 185. 

Percy, George, President, 10; tells of 
sickness, 11; Councillor, 17; act- 
ing Governor, 19. 

Persicles, 159; defeats Susquehan- 
nocks, 160; Bacon defeats, 161; 
death of, 161. 

Phelps, John, 202. 

Pierce, William, TJ ; 79; 80; 82; 86. 

Pierse, Thomas, Z7- 

Piersey, Abraham, commissioner in 
1624, 60. 

Pilgrims, see Puritans. 

Plague, London, epidemic of, 13; 15. 

Plymouth, 78; 118. 

Pocahontas, captured, 25 • marries 
Rolfe, 26; 47; 88. 

Point Comfort, 16; 70; 71; 80; fort 
at destroyed, 132; 141. 

Pomfoy, Richard, executed, 203. 

Population, 114. 

Pory, John, commissioner in 1624, 
60; 61. 

Potomac, river, 25; 69; 71; 120; 124; 
141; 146; 149; 159; 174; 182; 
256. 

Potts, John, acting Governor, 64; ar- 
rested, 65 ; convicted, 66 ; 67 ; 69 ; 
76; -JT, 78; 82. 

Pountis, John, represents Assembly 
in England, 61. 

Powell, William, 52. 

Powhatan, 25 ; 26 ; 89 ; 147. 

President, duties of, 2, 3 ; 4; 5 ; 9; 10. 

Privy Council, 2; 54; sends commis- 
sion to Virginia, 62 ; 65 ; 68 ; ac- 
quits Harvey, 79; 81; 82; re- 
moves Harvey, 83; 84; 214; 215; 
216; 226; 227; 232; 238; 239; 
240; 241; 243; 244; 251; 257. 

Protector, Lord, see Cromwell. 

Purifee, Capt., "/"j. 

Puritans, 30; of Virginia, 92; hostile 
to King, 93 ; 95 ; 99 ; 103. 

Quit-rents, 124; 230; quarrel over, 
245, 246. 

Rappahannock, river, 25; 124; 141; 
T51 ; 179; 182; 185; 256. 

Ratcliffe, John, Councillor, 3: Presi- 
dent, 4; 5: deposed, 7; 8; helps 
depose Smith, 10. 

Read, James, 5. 



Reade's House, rebels posted at, 185 ; 
captured, 186. 

Representative government, attempt 
to establish, 6; James I opposes, 
32; desire for in Company, 'ii'^ 
none at first, 34; decided upon, 
35; established, 36: 54; causes 
James I to attack Company, 55 ; 
Virginians plead for, 60; Charles 
I opposes, 62; 91; advocates of 
in Virginia, 93 ; under the Com- 
monwealth, 102 ; people schooled 
in, 114; Berkeley undermines, 
133, 134, 135, 136, 137, 138; Berke- 
ley does not believe in, 144; 153; 
struggle for, 223. 

Restoration Period, 42; unfortunate 
for Virginia, 115; Navigation 
Acts in, 117; 138; 224; 252. 

Restoration, of Stuarts, no; accepted 
in Virginia, 113; effects of on 
Virginia, 115; 117; 135. 

Richahecrians, 156. 

Roanoke, river, 159; battle at, 160, 
161 ; 162 ; Bacon plans to retreat 
to, 172. 

Rolfe, John, 25; marries Pocahontas, 
26; 27; 28; 47; 88. 

Saint Mary's, founded, 71; 72; "ji; 
conference at, 122. 

Sandy Bay, 166; Bacon guards, 167; 
Bacon's camp at, 179; battle at, 
180; 181; 183. 

Sandys, Sir Edwin, draws up charter 
of 1609, 8; liberal leader, Z2>\ 34! 
designs liberal government, 35 ; 
43; 45; 46; 47; 50; 54; impris- 
oned, 55; 56; 60; 61; 62. 

Sandys, George, 44; 46; 52; tries to 
revive Company, 87. 

Sarah Constant, sails for Virginia, I ; 

IT. 

Scarburgh, Charles, 251. 
Scarburgh, William, executed. 203. 
Scrivener, Matthew, drowned, 7. 
Scurvy, infects immigrants, 15; 19. 
Sea Adventure, wrecked, 9 ; 10. 
Sea Flower, 15. 
"Seasoned", see sickness. 
Second Supply, Newport brings, 7. 
Senecas, 146; 160; 256. 
Sharpless. Edward. 61. 
Sherwood. William, 136; forfeits 
Berkeley's favor, 137; 205; claims 



270 



INDEX 



frauds in elections, 218; 220; 
243; 251. 

Sickness, 2; disastrous, 10; in 1607, 
11; m 1610, 12; 18; visitors de- 
scribe, 12; immigrant ships 
spread, 13; 18; 19; reduced, 
21; renewal of, 25; 44; 45; thou- 
sands die of, 46; declines, 1624, 
47; 56; 57', 64; 115; attacks Jef- 
freys, 217. 

Smith, Captain John, restrained, 3; 
restored to Council, 4; deposes 
Wingtield, 4, 5; 6; President, 7; 
his plots, 9; deposed, 10; 11; de- 
scribes famine, 14; 15. 

Smith, Mr. John, 251. 

Smith, Lawrence, in Gloucester, 188; 
189. 

Smith, Sir Thomas, 24; 61. 

Spaniards, colonists fear, i ; 5 ; 22 ; 
29; 32; 45; 89. 

Spencer, Nicholas, 228; 235; 247; 250. 

Spotswood, Alexander, 44. 

Spring, Robert, excepted from par- 
don, 202. 

Stafford, county, Indian raid in, 146. 

Stevens, Capt., 74. 

Stoakes, Robert, executed, 203. 

Strachey, William, 17. 

Sturdivant, John, 202. 

Stuyvesant, Governor, 113. 

Swann, Thomas, 173; 200; 201; ex- 
cepted from pardon, 203 ; restored 
to Council, 216. 

Summers, George, admiral, 8; 
vi^recked, 9; 11. 

Surry, county, 138; subdued, 190. 

Susquehannocks, 91 ; press south, 146; 
war with, 147 ; fort besieged, 149, 
150; atrocities of, 150; 151; 156; 
158; Bacon pursues, 159; Occa- 
neechees defeat, 160; 161; 174. 

Tanx-Powhatans, war against, 52. - 

Tappahatomaks, 52. 

Taxation, 39; 40; Harvey's illegal, 
72, 73; 79 ; attempt to equalize, 
87 ; 91 ; loi ; Northampton com- 
plains of, 104; ids; 115; 120; 
125; 126; 135; local, 138; by 
poll, 139; 140; 141; 142; rebels 
refuse to pay, 167 ; 207 ; 227 ; As- 
sembly's control of attacked, 229, 
230, 231 ; 244; 245. 

Thompson, William, 92. 

Thorpe, Rev. George, Indians kill, 50. 



Tindall's Point, rebels surrender at, 
192; executions at, 193. 

Tobacco, 22; 24; Rolfe cures, 27; 
high price of, 28; taxes paid in, 
39; 40; 43; James I restricts, 44, 
45; 51; Charles 1 wishes to buy, 
63; 70; King asks contract for, 
74; 83; 93; 96; 114; 115; price of 
declines, 117, 118; glut of, 119; 
attempts to restrict planting of, 
121, 122, 123; tobacco fleet cap- 
tured, 127, 128, 129; 132; low 
price of, 232; cessation of asked, 
233; tobacco riots, 234 to 238; 
245 ; ports for shipping of 246, 
247, 248. 

Tottopottomoi, 156. 

Trade and Plantations, Committee of, 
120; 144; 214; 225; 226; 231; 
232; 243; 257. 

Tucker, William, 53. 

Turkey Island, 21. 

Turner, John, excepted from pardon, 
202. 

Twine, John, 37. 

Unmasking, the, attack on Company, 

12. 
Utie, John, helps arrest Harvey, 76; 

79; sent to England, 80; 82. 

Vestries, cliques control, 138, 139. 

Wading, Rev., 184. 
Waldo, Richard, 7. 
Walkelett, General, leads expedition 

to Middlesex, 188; surrender of, 

192; 193; 256. 
Warde, Captain, 37. 
Warrens, William, 75. 
Warwick, county, 140. 
Washington, John, beseiges Indian 

fort, 149. 
Weinman, Ferdinando, 17. 
West, Francis, 9; 10; Governor, 64; 

elected Governor, 1636, 78; 79; 

excluded from Council, 80; 82. 
West, John, excepted from pardon, 

202. 
Western Shore. 174; 177; 183; 187. 
Westminster Hall, 98; 99. 
West Point. Ingram uses as base, 

185: 188; rebels surrender, 192. 
Whaly, Major, 185; defeats Farrill, 

i8g, 190; 202. 
Wiccocomico, conference at, 122. 



INDEX 



271 



Wilford, Captain, captured, 186. 

William, of Orange, 256 ; 257. 

Willis, Francis, 108. 

Windebank, Secretary, 84. 

Wingfield, Edward, President, 3 ; de- 
posed, 4. 5; 6; 8; 13; 35; 62. 

Winthrop, Governor, letter of to 
Berkeley, 92. 

Wolstenholme, Sir John, 72; 74. 

Woodall, John, 81. 

Wyatt, Sir Francis, 51 ; defeats Pa- 
munkeys, 53 ; reappointed Gover- 
nor, 1624, 61 ; 62 ; saves Assem- 
bly, 63 ; 64 ; Governor again, 83 ; 
attacks Harvey, 84; 85; 86. 

Wynne, Peter, 7. 



Wyanokes, 52. 

Yeardley, George, acting Governor, 
27; Governor, 45; brings Magna 
Charta, 36; meets Assembly, 2>7\ 
42; 46; 52; 62; again Governor, 
64. 

Yellow fever, 13, 15. 

York, county, 75 ; 185 ; Farrill in- 
vades, 189; 191. 

York, river, 90; 91; 98; 120; 128; 
141; 174; 182; 184; 185; 186; 
Berkeley's expedition to, 187, 188, 
189, 190; 217. 

Young, Captain, 74. 



7 . - 



I I 



LIBRARY OF CONGRESS 



014 444 002 A 



